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2022 Supreme(Manipur) 230

IN THE HIGH COURT OF MANIPUR AT IMPHAL
M.V. MURALIDARAN, J.
Shri N. Sarat Singh, S/o. (L) N. Modhumangol Singh - Petitioner
Versus
The State of Manipur, through the Chief Secretary, Government of Manipur and Ors. - Respondents
WP(C) No. 938 of 2022
Decided On : 22-11-2022

Advocates Appeared:
For the Petitioner: Mr. HS Paonam, Sr. Adv.
For the Respondents:Mr. M. Rarry, Advocate.

Headnote:(A) Manipur Lokayukta Act, 2014 - Sections 26, 53 - Writ of mandamus - Nature of interim orders and judicial discretion - The petitioner sought a prohibition against further proceedings in complaint cases, alleging unlawful search and seizure of documents regarding complaints not pertaining to the registered FIR. The respondent contended jurisdiction to authorize such actions under the Lokayukta Act. (Paras 3-36)

(B) Interim Relief - The court underscored the requirement of establishing prima facie case, balance of convenience, and irreparable loss when granting interim orders. (Paras 29-36)

Facts of the case:
The petitioner, accused of embezzlement, sought intervention claiming investigative actions violated prior interim orders. (Para 1-5)

Findings of Court:
The court found a prima facie case and established that the search conducted violated interim orders, thus warranting an interim stay on proceedings. (Paras 34-36)

Issues: The proper scope of investigation by the Lokayukta and the validity of prior interim orders restraining actions in related complaint cases were addressed.

Ratio Decidendi: The court held that actions taken in violation of interim orders are unsustainable and emphasized the necessity of balancing judicial discretion with the rights of the accused. (Paras 29-36)

Result: The writ petition is admitted, and interim relief is granted restraining further proceedings in the complaint cases against the petitioner.

Table of Content
1. interim orders and petition prerequisites. (Para 1 , 3 , 4)
2. arguments concerning investigation legitimacy. (Para 5 , 6 , 7 , 8)
3. details about the past complaints and inquiries. (Para 10 , 11 , 12 , 13)
4. nature of search and seizure execution. (Para 19 , 20 , 21 , 22 , 23)
5. issues of procedural integrity in investigations. (Para 25 , 26 , 27 , 28)
6. criteria for granting interim relief in investigations. (Para 32 , 34 , 36)

JUDGMENT :

[M.V. Muralidaran, J.]

Heard Mr. H.S. Paonam, learned senior counsel, appearing for the petitioner and Mr. M. Rarry, learned counsel appearing for the second respondent.

2. With the consent of either side, the writ petition is taken up for consideration of an interim order at the admission stage.

3. The prayer in the writ petition reads thus:

    “i) issue rule nisi and called for the records;

    ii) issue a writ in the nature of mandamus or direction of the like nature including writ of certiorari for interfering with the impugned letter dt. 31/10/2022 issued by Deputy Registrar, Manipur Lokayukta;

    iii) issue a writ in the nature of prohibition or any other writ of the like nature prohibiting the Manipur Likayukta from taking further proceedings and consequential action in respect of the Complaint Case No.2 of 2020 and Complaint Case No.5 of 2022 in view of the action indicated by the warrant of search and seizure dt. 21/10/2022 and seizure memo dt. 24/10/2022 which has virtually circumvented the interim order dt. 29/09/2022 passed by this Hon’ble Court in WP(C) No.833 of 2022;

    iv) in the interim restrain the respondent No.2 from taking further proceedings and consequential action in respect of Complaint Case No.2 of 2022 and Complaint Case No.5 of 2022 or in the alternative direction for maintaining status quo in respect of the abovementioned complaint cases and consequential action pending disposal of the above referred writ petition

    AND

    v) pass any further order (s) direction(s) which this Hon’ble court may deem fit and proper to secure the ends of justice.”

4. Mr. H.S. Paonam, the learned senior counsel appearing for the petitioner pressed for an interim order restraining the second respondent – Manipur Lokayukta from proceeding further in respect of the Complaint Case Nos.2 of 2020 and 5 of 2022 contending that in the name of ordering search and seizure in connection with the FIR bearing No.4(2)2022 CB-PS registered pursuant to the order passed in Complaint Case No.2 of 2020, the officials carried out an unholy action of collection of documents connected with the Complaint Case No.5 of 2022 which is the subject matter of W.P.(C) No.833 of 2022, wherein an interim order was passed by this Court restraining further proceedings; and, that such an ill-calculated action to circumvent the order of this Court warrants interference.

5. The learned senior counsel further submitted that the intention of Manipur Lokayukta about collection and seizure of documents pertaining to Complaint Case No.5 of 2022 has the reflection in its warrant of search and seizure issued by the Secretary, Manipur Lokayukta with reference to the order dated 21.10.2022 passed by the Manipur Lokayukta while referring to Complaint Cases as well as the activities and the communication amongst the police personnel involved in the search and seizure proceedings selectively looking for documents pertaining to works concerning installation of 2x5 MVA, 33/11 KV sub-station along with associated 33 KV line and related civil works at Sagnu in Thoubal District on turnkey basis. Therefore, it is highly imperative for issuing an order putting on hold further proceedings of the Complaint Case Nos.2 of 2020 and 5 of 2022 pending disposal of the present writ petition.

6. On the other hand, by referring to Section 26 read with Sections 56 and 57 of the Manipur Lokayukta Act , 2014 [for short, “the said Act”], Mr. M. Rarry, the learned counsel appearing for the second respondent/Manipur Lokayukta submitted that the second respon

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