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Judgment
[1] After hearing the elaborate arguments of Mr. M. Rarry, learned Addl. AG for the petitioner in MC(Cril.Petn.) No.13 of 2020, this Court finds that
though the IO has filed an application before the learned Chief Judicial Magistrate, Imphal West on 21.8.2020 seeking the prayer for revival of the
FIR No.270(5)2012 Imphal PS u/s 328/511/447/506/34 IPC but the application filed by the IO does not show any provision under which the petition
has been filed. Thereafter, the learned Judge has passed an order on the same day i.e. on 21.08.2020 by stating that the case has been registered as
Criminal Misc. case but there is no provision mentioned by the learned Chief Judicial Magistrate, Imphal West under which provision the petition has
been taken up and registered. Thereafter under which provision the order has been passed by the learned Chief Judicial Magistrate on 21.08.2020.
Mr. Mr. Rarry, learned Addl. AG also unable to show that under which provision the application has been filed by the IO and the order has been
passed by the learned Chief Judicial Magistrate, Imphal West.
[2] Mr. M. Rarry, learned Addl. AG has argued the case and represented that by saying that though the application filed by the IO dated 21.08.2020
seeking for revival without mentioning any provision.
[3] Mr. M. Rarry, learned Addl. AG further represented and informed that the learned Chief Judicial Magistrate, Imphal West has passed order on
21.08.2020 by invoking the provisions under Section 173(8) Cr.P.C. but this Court is found that the learned Chief Judicial Magistrate, Imphal West
without properly verifying the records since once the application has been received by the learned Magistrate from the IO, he must dealt with the
petition under correct provision of the Cr.P.C. but without mentioning any provision in the order dated 21.08.2020 had simply passed the order that the
petition filed was registered as Criminal Misc. Case and allowed the petition on 21.08.2020.
[4] Therefore, the learned Chief Judicial Magistrate is directed to submit a report by explaining that under which provision the order dated 21.08.2020
has been passed and why he has not mentioned the provision for registering of the Cril. Misc. Case No.110 of 2020 in the order dated 21.08.2020 and
hence, the report along with the records of the Cril. Misc. Case No.110 of 2020 has to be sent to this Court on or before 19.2.2021.
[5] Post these matters on 19.2.2021.
[6] Registry is directed to issue copy of this order to both parties as well as the Chief Judicial Magistrate, Imphal West through their Whatsapp/e-mail
today itself.