THANGJAM MERINA DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THE present proceeding records a prayer for a writ of mandamus and/or an appropriate direction to the State respondents herein to entrust the investigation of the case being First Information Report No. 36 (3)/2010 of the Lamlai P.S. Imphal East, Manipur, under Section 326 Indian Penal Code 1860 and 25 (1-C) of Arms Act, 1959, to the Central Bureau of Investigation, New Delhi, (for short hereafter referred to as the 'CBI') and to submit a charge sheet on the completion thereof.

(2.) WE have heard Mr. B. Das, learned Counsel for the petitioners and Mr. N.P. Singh, Sr. Advocate, for the State respondents. As at the motion stage the maintainability of the instant proceeding has been questioned on behalf of the State respondents, the parties present have been heard on this prefatory facet.

(3.) THE petitioners have further stated that on 11.3.2010 though the mother of the injured had submitted a report with the Superintendent of Police, Imphal East, to take necessary legal action against the culprit/culprits and to punish them in accordance with law, no step has been taken thereon. Newspaper reports dated 11.3.2010 and 12.3.2010 in the aforementioned dailies have also been relied upon to aver that meanwhile the statements of the two Ministers had been recorded and that the accidental firing had occurred from the fire arm of the Works Minister, Mr. K. Ranjit Singh and that the FIR case had been registered for investigation. THE assurance of the Chief Minister of the State on the floor of the Assembly to mete out penalty in law to the said Minister in the event of any malafide intention on his part has also been stated.