Shri Jimmy Sympli Vs. State of Meghalaya

High Court of Meghalaya

SINGLE BENCH: Hon’ble Mr. Justice Ajay Kumar Mittal

Crl.Ref. No. 1 of 2019 with
Crl.Rev.P.No. 17 of 2019
Crl.Rev.P. No. 18 of 2019
Crl.Petn. No. 19 of 2019
Crl.Rev.P. No. 21 of 2019
Crl.Rev.P. No. 22 of 2019
Crl.Rev.P. No. 23 of 2019
Crl.Rev.P. No. 24 of 2019
Crl.Rev.P. No. 25 of 2019
Crl.Rev.P. No. 27 of 2019

arising out of Nongstoin PS Vs. State of Meghalaya & Anr. Case No. 30(3)2019
Shri Jimmy Sympli Vs. State of Meghalaya
Shri Marjan Lytan & Ors. Vs. State of Meghalaya
Shri Pramod Sharma Vs. State of Meghalaya
Shri Raju Singh Vs. State of Meghalaya
Smt. Dropadi Saraf Agarwal Vs. State of Meghalaya
Balateilang L. Nonglait Vs. State of Meghalaya & anr
Shri Bishit Suchiang Vs. State of Meghalaya
Shri Sudip Paul Vs. State of Meghalaya
Smti Sangita Agarwala Vs. State of Meghalaya

Decided on: 12.07.2019

Zimma Application – Section 397 read with Section 401 of the Code of Criminal Procedure – Sections
188/420/120 B/109 IPC – Section 451 CrPC – Section 50(1)(c) CrPC – In view of the discussion the
court arrived at the conclusion, the said Circular dated 31.01.2019 shall be ineffective while adjudicating
petition under Section 451 CrPC by the Judicial Magistrate/Criminal Court where the trial Magistrate
shall afford an opportunity to the claimant-petitioner to prima facie establish his claim of innocence
and non-involvement in the commission of the offence/crime – Consequently, the petitions are allowed
and the impugned orders declining Zimma applications are set aside. The matters are remanded back to
the trial Magistrate/Criminal Court to pass fresh order keeping in view the principles and guidelines
enunciated above in accordance with law – Criminal Reference No.1 of 2019 also stand answered in the
above terms. In Crl.Petn.No.19 of 2019, the petitioner has not filed any application under Section 451
CrPC for release of vehicle on Zimma. The revision petition is disposed of by permitting the petitioner to
approach the trial Magistrate for release of vehicle under Section 451 CrPC, who shall pass appropriate
order thereon keeping in view the legal proposition noticed hereinbefore in accordance with law.

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