STATE OF MANIPUR Vs. THOUNAOJAM BRINDA
HIGH COURT OF MANIPUR
STATE OF MANIPUR
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(1.) The State has filed M.C. (Criminal Petition) No.13 of 2020 seeking to dismiss Criminal Petition No.22 of 2020 filed by the respondent.
(2.) Criminal Petition No.22 of 2020 has been filed by the respondent under Section 482 Cr.P.C. praying to quash the order dated 21.8.2020 passed by the learned Chief Judicial Magistrate, Imphal West in Criminal Miscellaneous Case No.110 of 2020, thereby allowing the revival of the FIR No.270(5)2012 on the file of Imphal Police Station registered under Sections 328/511/447/506/34 IPC, later added Sections 354/307/120-B IPC and Section 25(1B) of the Arms Act.
(3.) The case of the petitioner State is that by the order dated 21.8.2020, the learned Chief Judicial Magistrate, in exercise of the power conferred under Section 156(3) of Cr.P.C., ordered further investigation of the case even after the submission of the report under Section 173(8) of Cr.P.C. It is stated that the respondent has not challenged the FIR and neither prayed for its quashing, while the order impugned in the Criminal Petition No.22 of 2020 is consequential to the exercise of power related to the need for proper and complete investigation in respect of the said FIR. Hence, in the absence of challenge to the FIR, the respondent has no right to seek quashing of the order dated 21.8.2020 passed by the learned Chief Judicial Magistrate.;
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