NINGTAM ZINKHAI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) PETITIONER , in this writ application, prays for a direction to the respondents -1, 2 and 3 to register the information given by him under Annexure -A/3 as the First Information Report and take up investigation. Under Annexure -A/3 the petitioner has submitted an application on 23.6.2014 before the S.P. (Vig), Manipur along with a copy of an enquiry report alleged to have been submitted by a Committee comprising of 10 Members with Shri Fillson Y. Lunghar as the Chairman thereof and this report is sought to be treated as an information for registration of First Information Report.

(2.) IN course of hearing, 3 (three) issues were raised for consideration by the Court such as -(i) whether this writ application is in the nature of Public Interest Litigation, (ii) whether writ petition is maintainable in view of availability of an alternative remedy by filing a complaint before a Magistrate competent to entertain the complaint and (iii) Though Section 154 of the Code of Civil Procedure makes it mandatory for registration of the first information report in the event of disclosure of a cognizable offence, whether an enquiry, prior to registration of the FIR, is necessary in the facts and circumstances of the case.

(3.) SHRI A. Romenkumar, learned counsel for the petitioner, in relation to the above three issues, has given a written note of submission in which a reference has been made to several decisions. However, in course of hearing the decisions relied upon by the learned counsel for the parties are only taken note of in this judgment.