IROM SHYAM SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Shri Ch. Lokendra learned counsel for the petitioners and Md. Jallaluddin, learned Addl. Govt. Advocate for the respondents.

(2.) BOTH the criminal petitions are admitted for hearing. Considering the urgent nature of the matter and on being consented by the learned counsel for the parties, both the criminal petitions are being disposed of by this common judgment at the admission stage itself.

(3.) SHORT facts of the case giving rise to the filing of these criminal petitions are set out below :-An FIR was lodged by the Commandant, home Guards (V/a), Manipur, Imphal to the porompat Police Station alleging that some home guard volunteers had forged an order in the name of Dy. Commandant General showing their promotion to the rank of Divisional commanders from the rank of Senior Platoon Commanders. On internal enquiry, the names of the present petitioners figured as the authors of the alleged promotion order. The FIR was registered as porompat PS case No. 78 (5) 03 u/ss 420/406/468/471 read with Sec. 34 of the Indian Penal Code. After investigation, the Investigating Officer submitted a Final Report under Section 173 of the Code of Criminal procedure ("cr PC" in short) was submitted on 28-8-2003. However, the Final Report was not accepted by the Chief Judicial magistrate, Imphal. While rejecting the Final report vide order dated 31-1-2004, the learned Chief Judicial Magistrate directed the Investigating Officer to re-investigate the case, more particularly, to ascertain as to how the forged letter came in possession of the Commandant. On such remand, the case was re-investigated and another Final report on 21-10-2006. This Final Report was also turned down and another direction to re-investigate the case was issued on 26-3-2007. Thereafter, the petitioners, whose names figured in the FIR approached this court by filing a common Criminal Petition under Section 482 of Code of Criminal Procedure seeking quashing of the FIR. The said petition was registered as Cril. Petition No. 7 of 2007, which was disposed of on 18-9-2007 directing the Investigating Officer to re-investigate the case as per the direction of Chief Judicial Magistrate giving four months time for such re-investigation. After expiry of the period fixed by this Court for re-investigation, these criminal petitions have been filed under Section 482 Cr. P. C. , seeking quashing of the FIR.