Manipur High Court
Sharma 13:30:18 +05'30' vs Mrs. Teresa @ Nengboi on 4 May, 2022
Author: M.V. Muralidaran
Bench: M.V. Muralidaran
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SHAMUR Digitally signed
by
AILATPA SHAMURAILATP IN THE HIGH COURT OF MANIPUR
AM SUSHIL
M SHARMA
AT IMPHAL
SUSHIL Date:
2022.05.04 MC(GCA) No.1 of 2022
SHARMA 13:30:18 +05'30'
The State of Manipur represented by the Special Secretary
(Home), Government of Manipur.
...APPLICANT
-Versus-
1. Mrs. Teresa @ Nengboi, aged about 54 years, W/o (L)
Lenglenkhup Ngaihte of Moreh Ward No. 1, near
Gangam Ground, at present Mantripukhri Vaiphei Veng,
Imphal East, Manipur.
2. Mrs. Ester Vungheinuam@ Esthar, aged about 22 years,
W/o Paopu Ngaihte of Moreh Ward No. 1, near Gangam
Ground, at present Mantripukhri Vaiphei Veng, Manipur.
3. Mr. M. Lawrance Zou, aged about 50 years, S/o Lunhgin
Zou of Lamlong, Mantripukhri, Manipur.
4. Mr. Lhukhosei Zou @ Shesei Zou, aged about 51 years,
S/o (L) Lumzapou Zou of Moreh Ward No. 2, at present
VIP Quarter No.1, Lamphel, Manipur.
5. Mr. Sianzathang Zou, aged about 39 years, S/o (L)
Lumzapou Zou of Moreh Ward No. 2, Gamnon Veng,
Tengnoupal District, Manipur at present Mantripukhri
Lamlongei, Vaiphei Veng, Imphal East, Manipur.
6. Mrs. Niangkasuan Zou, aged about 35 years, W/o Mr.
Sianzathang Zou of Moreh Ward No. 2, Gamnon Veng,
MC(GCA) No. 1 of 2022
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Tengnoupal District, Manipur at present Mantripukhri
Lamlongei Vaiphei Veng, Imphal East, Manipur.
7. Mr. Pausuanlam Zou @ Paubwi @ Papao, aged about
31 years, S/o Ginzadal Zou of Moreh Ward No. 2, P.O. &
P.S. Moreh, Tengnoupal District, Manipur at present
Mantripukhri Lamlongei, Vaiphei Veng, Imphal East,
Manipur.
.... RESPONDENTS.
BEFORE HON'BLE MR. JUSTICE M.V. MURALIDARAN For the Applicant :: Mr. Athouba Khaidem, PP(HC) For the Respondents :: NEMO Date of Hearing and reserving Judgment & Order :: 28.04.2022 Date of Judgment & Order :: 04.05.2022 JUDGMENT AND ORDER (CAV) This application has been filed by the applicant State to condone the delay (if any) in filing the Government Criminal Appeal against the judgment and order dated 17.12.2020 passed in Special Trial Case No.100 of 2018 on the file of the Learned Special Judge (ND& PS), Lamphelpat, Imphal, whereby acquitting accused Nos.1, 3, 5, 6, 9, 10 and 11. MC(GCA) No. 1 of 2022
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1. Heard Mr. Athouba Khaidem, the learned Additional Public Prosecutor appearing for the applicant and perused the materials available on record.
2. The learned Additional Public Prosecutor submitted that the State has preferred the appeal against the judgment and order dated 17.12.2020 passed by the Special Judge (ND&PS), Lamphelpat in Special Trial Case No.100 of 2018. He would submit that after passing the judgment, the matter was entrusted to the Additional Public Prosecutor for filing an appeal. Since the certified copy of the judgment has not been handed over, the learned Additional Public Prosecutor wrote a letter to the Special Secretary (Home), Government of Manipur to furnish the certified copy of the judgment and order.
3. He would further submit that there was lot of correspondence exchanged between the Special Secretary (Home), the Deputy Secretary (Home) and the Additional Public Prosecutor for obtaining certified copies of deposition, documents and 161 Cr.P.C. statements of witnesses and other related documents. After obtaining the requisite copies, finally the appeal papers were presented before this Court on 25.04.2022.
MC(GCA) No. 1 of 2022
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4. The learned Additional Public Prosecutor further submitted that as per Article 114 of the Scheme of Limitation Act, the limitation for filing appeal against the order of acquittal is 90 days and period of 90 days expires on 17.03.2021. He would submit that in a suo-motu Writ Petition (C) No.3 of 2020, the Hon'ble Apex Court excluded the period from 15.3.2020 till 28.2.2022 for the purpose of limitation. In the said order, the Hon'ble Apex Court observed that notwithstanding the actual balance of limitation remaining, all persons shall have a limitation period of 90 days from 1.3.2022. Thus, according to him, the 90 days period expires of 30.5.2022. Since the appeal has been preferred on 25.04.2022 well within the limitation pursuant to the order of the Hon'ble Apex Court, the Court may condone the delay and entertain the appeal. Therefore he prays to allow this application and entertain the appeal.
5. This Court considered the submissions made by learned Additional Public Prosecutor and perused the materials available on record.
6. The judgment in Special Trial Case No.100 of 2018 was passed on 17.12.2020 against which the State filed an appeal on 25.04.2022 by contending that in a suo-motu W.P.(C) MC(GCA) No. 1 of 2022 Page |5 No.3 of 2020, the Hon'ble Apex Court, passed an order on 10.1.2022 directing that the period from 15.3.2020 till 28.02.2022 shall stand excluded for the purpose of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings. The relevant portion of the order dated 10.1.2022 reads as under:
"Taking into consideration the arguments advanced by learned counsel and the impact of the surge of the virus on public health and adversities faced by litigants in the prevailing conditions, we deem it appropriate to disposed of the M.A. No. 21 of 2022 with the following directions:
I. The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings.
II. Consequently, the balance period of limitation remaining as on 03.10.2021, if any, shall become available with effect from 01.03.2022. III. In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance MC(GCA) No. 1 of 2022 Page |6 period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply. IV. It is further clarified that the period from 15.03.2020 till 28.02.2022 shall also stand excluded in computing the periods prescribed under sections 23(4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act 1881 and any other laws, which prescribe period (s) of limitation for instituting proceeding, outer limits (within which the court or tribunal can condone delay) and termination of proceedings"
[emphasis supplied]
7. On a reading of the judgment of the Hon'ble Apex Court, it is clear that in cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 1.3.2022. In the event the actual balance period of limitation remaining, with effect from 1.3.2022 is greater than 90 days, that longer period shall apply.
MC(GCA) No. 1 of 2022
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8. The appeal against the judgment ought to have been filed on 17.03.2021 and due to the outbreak of the Covid- 19 pandemic, the Hon'ble Apex Court excluded the period of limitation from 15.3.2020 till 28.2.2022. The appeal has been filed by the applicant State on 25.04.2022. Pursuant to the direction of the Hon'ble Apex Court, if we calculate the 90 days period of limitation, the limitation expires on 30.05.2022. Therefore, this Court is of the view that when the period of limitation for filing an appeal is calculated as per the judgment of the Hon'ble Apex Court referred to supra, the appeal filed by the applicant State on 25.04.2022 is well within the period of limitation and only for abundant caution; the applicant State has filed the instant petition. Therefore, as far as the period of limitation for filing the appeal against the order dated 17.12.2020 passed in Special Trial Case No.100 of 2018 on the file of the Special Judge (ND&PS), Lamphelpat is concerned, the same is well within the period of limitation.
9. Though the applicant State has not shown much importance in preferring the appeal by obtaining the certified copies of judgment and order impugned and filed the appeal, in view of the judgment of the Hon'ble Apex Court excluding the period of limitation from 15.03.2020 to 28.02.2022, the MC(GCA) No. 1 of 2022 Page |8 genuineness of the averments set out in the application cannot be gone into.
10. Accordingly, the condone delay application in preferring the appeal against the judgment dated 17.12.2020 passed in Special Trial Case No.100 of 2018 on the file of Special Judge (ND&PS), Lamphelpat, Imphal, is allowed and the Registry is directed to number the appeal, if it is otherwise in order and post the same for admission.
JUDGE FR/NFR Sushil MC(GCA) No. 1 of 2022