Mr. Th. Yaiphasana Meitei v. NONE

3. Mr. S. Lichingba, aged about 19 years, S/o. S. Sunil Dutta, represented by his Mother, S. Indira Devi, resident of Wabagai Yangbi Maning Leikai, P.O. & P.S.- Kakching, Thoubal District, Manipur-795103.

4. Mr. Th. Jackson, aged about 19 years, S/o. Th. Dijendro, resident of Wabagai Yangbi Maning Leikai, P.O. & P.S.- Kakching, Thoubal District, Manipur – 795103.

5. Mr. W. Jackson Meitei, aged about 19 years, S/o. (L). W. Ingocha, a resident of Yairipok Khoirom, P.O. & P.S.- Yairipok, Thoubal District, Manipur-795149.

6. Mr. Haobam Rojit Singh, aged about 19 years, S/o. H. Nabakishore Singh, resident of Yairipok Khoirom, P.O. & P.S. Yairipok, Thoubal District, Manipur-795149.

7. Mr. O. Madan Singh, aged about 19 years, S/o. O. Shyamchand Singh, a resident of Thoubal Ningombam P.O. & P.S. Thoubal District, Manipur- 795138.

8. Mr. Th. Amarjit, aged about 19 years, S/o. Th. Leibakchao Singh, a resident of Yairipok Angtha, P.O. Yairipok & P.S.- Andro. Imphal East District, Manipur-795130. - Versus - ….Petitioners

1. The State of Manipur, represented by the Additional Secretary (Home), Govt. of Manipur, at Imphal, Old Secretariat building, Babupara, Imphal, Manipur- 795001.

2. The Officer-in-Charge of Imphal Police Station, near Secretariat Building, Babupara, Imphal, Manipur-795001. …Respondents 2 BEFORE HON’BLE THE CHIEF JUSTICE MR. SANJAY KUMAR

26.07.2022 This petition was filed under Section 482 Cr.P.C. with a prayer to quash F.I.R. No. 122(4) 2017 on the file of Imphal Police Station, registered under Sections 420, 380 & 34 IPC and Section 72 of the Information and Technology Act, 2000, in so far as it pertains to the petitioners. Heard Mr. S. Thoi Thoi Meitei, learned counsel for the petitioners; and Mr. R.K. Umakanta, learned PP, appearing for the State. The petitioners are 8 of the 15 accused persons named in the subject F.I.R. They were minors at the time of registration of this F.I.R. on 07.04.2017, all of them being 17 years of age then. According to the prosecution, on

07.04.2017 at about 04:20 p.m. one K. Abhijeeet Singh, Sub-Inspector, lodged a written report stating that the Secretary, Council of Higher Secondary Education, Manipur, had stated that, on 05.04.2017, some unknown persons had circulated through mobile whatsapp, the physics question paper of the Higher Secondary Education examination which was scheduled to be held on the said day at 10.00 am. Upon due enquiry, it was found that one Moirejam Sanayaima Meitei, aged 21 years had received the image of the question paper from Laishram Koireng Meitei, aged 24 years, who, in turn, had received it from one Hemam Robert Singh, aged 16 years, and so on and so forth. In effect, in so far as the petitioners are concerned, the overt acts attributed to them are that they forwarded the image of the question paper received by them. 3 It is however an admitted fact that the question paper was leaked by one Yumkhaibam Wakeep, aged 21 years, a peon-cum-chowkidar/care taker at the Galaxy Institute of Sciences, Lilong Uku, and he transmitted the same to a whatsapp group named ‘Galaxy Exam Centre’. The petitioners had no role to play in this. Though the subject F.I.R. was registered as long back as in April, 2017, the final report has not been submitted as the investigation is yet to be completed. The report dated 15.07.2022 addressed by the Superintendent of Police, Imphal West District, Manipur, to the Ld. Public Prosecutor indicates that the case is still pending for further investigation. It also discloses that transmission of the question paper through social media occurred at about 09.10 a.m. on 05.04.2017 and the exam was scheduled to be held at 10:00 a.m. Mr. S. Thoi Thoi Meitei, learned counsel, would point out that the petitioners were all minors at the relevant time and contend that, despite their minority, the authorities did not choose to abide by the procedure prescribed in the Juvenile Justice (Care and Protection of Children) Model Rules, 2016. He would further argue that, despite a time stipulation for completion of investigation in relation to offences involving children in conflict with the law, the authorities have not completed the investigation and filed their final report till date, though more than 5 years have elapsed. He would state that the petitioners have now completed their education and are on the verge of starting their careers and pendency of criminal proceedings against them would impact their future adversely. He would also point out that the offences alleged against 4 the petitioners are not heinous in nature and they had only forwarded the whatsapp messages received by them. This Court finds merit in the submission of the learned counsel. The petitioners were of tender age at the relevant point of time and all that they can be held guilty of, at most, is the act of forwarding the image of the question paper on social media. As already noted supra, the receiving and forwarding of the question paper took place less than an hour before the actual examination and it is not clear as to whether anyone benefitted by this leakage. This Court is informed that the Higher Secondary Education Department did not even cancel the examination and go in for a fresh examination despite this leakage. As the petitioners are now at a stage where they would step out into the world and commence their careers in right earnest, this Court is of the opinion that the shadow of this criminal case, in which they cannot even be held culpable to a serious extent, should not impact their budding futures adversely. Further, the resources of the State, the police and the judiciary would be better utilized in pursuing and bringing to book perpetrators of heinous crimes rather than following up on these young men, who are not even the main culprits. The criminal petition is accordingly allowed, quashing F.I.R. No. 122 (4) 2017 on the file of Imphal Police Station, in so far as it relates to the petitioners. All subsequent proceedings in relation to them shall also stand quashed. Indrajeet CHIEF JUSTICE