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Judgment
Ahanthem Bimol Singh, J
By an order passed today in MC(Cril.Petn.) No. 8 of 2021, the State of Manipur represented by The Secretary (Law), Government of Manipur,
Secretariat Block, P.O. Imphal. P.S. Imphal,Imphal West District, Manipur-795001 and the Commissioner/Secretary (Home) Government of Manipur,
Secretariat Block, P.O. Imphal P.S. Imphal, Imphal West District, Manipur-795001 has been impleaded as respondents No. 4 & 5 respectively in the
present petition and registry has been directed to incorporate their names in the cause title of the present petition.
Heard Mr. HS Paonam, learned senior counsel appearing for the petitioner.
Issue notice, returnable by 01.09.2021.
Mr. Y. Ashang, learned PP accepts notice on behalf of the newly impleaded respondents No. 4 & 5.
Petitioner is to take steps for service of notice upon respondents No. 1, 2, 3 & 4 by way of dasti within 2 (two) days and submit the appropriate
service report on or before 01.09.2021.
The learned senior counsel submitted that the present petition has been filed challenging the order dated 28.07.2021 passed by the Chief Judicial
Magistrate (CJM), Imphal West, Manipur in Cril.Misc.Case No. 150 of 2021 wherein, the present petitioner has been directed to furnish a detail
report regarding the working of the whole system of transaction in MGNREG Act mentioning how the money comes and disbursed/distributed to the
end receiver towards wage material and the administrative component etc. and who are the intermediaries if any accountable for
disbursement/distribution of the money to the end receiver returnable on 01.09.2021.
According to the petitioner, he is aggrieved by this portion of the order and has assailed the same on the ground that the CJM is neither a Court of
records nor has the CJM jurisdiction to issue such directions. The main point urge before this Court is that u/s 202 Cr.P.C., the Magistrate is
empowered to direct a Police Officer or any other person as it thinks fit to investigate a complaint of an offence for the purpose of deciding whether
or not there is sufficient ground for proceedings with the complaint. It is the case of the petitioner that u/s 202 Cr.P.C.,the Magistrate can direct either
a Police Officer or any other person as it thinks fit for such investigation but the Magistrate cannot direct both the Police Officer and another person
for such investigation simultaneously as it is against the mandate of section 202 of the Cr.P.C.
The issue raised in the present petition will be considered and decided by this Court after appearance of the respondents in the present case and after
appropriate service.
List this case again on 01.09.2021.
A copy of this order be furnished to all counsel appearing for the parties through their whatsapp/e-mail.