(1.) Heard Mr. W. Darakeshwar, learned Sr. PCCG appearing for the petitioner and Mr. N. Ibotombi, learned senior counsel assisted by Mr. N. Savitri, learned counsel appearing for the respondent.
(2.) The present application has been filed under Sec. 482 of Code of Criminal Procedure, 1973 for setting aside the impugned order dtd. 28/2/2024 passed by the Ld. Special Judge (P.C. Act), Imphal West, Manipur in Cril. Misc. (B) Case No. 12 of 2024 (arising out of A.B. No. 28 of 2017).
(3.) The present petition has been filed by the CBI, who is investigating the above referred case which was registered in CBI, STB, New Delhi on 20/11/2019 u/s 420, 409, 406, 403, 120-B, 34 of IPC and 13(2) of PC Act, 13(1)(c) of PC Act, 1988 pursuant to the consent accorded vide notification dtd. 11/9/2019 by the Govt. of India, DoPT to CBI following the Notification No. 12/1(2)/2017- H(CBI)(MDS) dt. 6/5/2019 of Govt. of Manipur, Home Department accorded its consent to CBI for carrying out investigation into the two FIRs i.e. FIR No. 3(08)2017-VPS dtd. 7/8/2017 u/s 420, 403, 409, 120-B, 34 IPC and 13(1)(c) of PC Act against Sh. Y. Ningthem Singh, former Project Director of Manipur Development Society and others, registered at Vigilance Police Station, Manipur, Imphal on the basis of the complaint of Sh. Khuplen Lhouvum, Addl. SP (Vig.), Manipur and FIR No. 244(9)2017 dtd. 1/9/2017 u/s 420, 406, 120- B, 409, 34 IPC and 13(2) of PC Act, 1988 against Shri. Y. Ningthem Singh, former Project Director of MDS, Shri. D.S. Poonia, IAS, the then Chairman of MDS from 30/6/2009 to 30/6/2013, Shri. O. Ibobi Singh, the then Chairman, MDS from 1/7/2013 to 31/8/2014, Shri. P.C. Lawmkunga, IAS, the then Chairman of MDS from 1/9/2014 to 30/9/2015, Shri. O. Nabakishore Singh, IAS, the then Chairman of MDS from 1/1/2015 to 6/7/2017 and Shri. S. Ranjit Singh, Administrative Officer, MDS, registered by Imphal Police Station, Imphal West on the basis of complaint filed by Dr. Th. Munindro Singh, Joint Secretary, Planning, Govt. of Manipur, which were amalgamated as per orders of the Governor of Manipur issued vide no. 12/1(2)/2017-H(CBI)(MDS) dtd. 25/4/2018, by the Govt. of Manipur, Home Department.