With the consent, finally heard.

This intra Court appeal takes exception to order dated

01.02.2023 passed in W.P. No. 2268 of 2023 whereby learned

Single Judge has issued notices to the respondents and granted

limited conditional interim protection to the appellant.

2.

The appellant is aggrieved to the extent learned Single Judge

has declined to grant interim protection against the direction to

register the first information report (FIR).

3.

The relevant facts are that appellant/petitioner was a

Surpanch till 2020. The specified authority/CEO, Jila Panchayat

Satna (respondent No.3) passed an order dated 02.01.2023 whereby

a recovery was imposed on the petitioner and in addition, the CEO

Janpad Panchayat Maihar was directed to lodge a FIR against the

petitioner and the other persons concerned.

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4.

Shri Ajay Pal Singh, learned counsel for the petitioner

submits that impugned order was passed in exercise of power

under Section 92 of the Panchayat Raj and Gram Swaraj

Adhiniyam, 1993 (Adhiniyam). Sub Section 4 of Section 92 makes

it clear that principles of natural justice are codified in the shape of

Sub Section 4 of Section 92.

5.

The two folds submissions raised are that -

i) under Section 92 of the Adhiniyam, the specified authority

has no authority, jurisdiction and competence to order registration

of FIR.

ii) As per Sub Section 4 of Section 92, an opportunity of

hearing should have been granted to the petitioner before issuing

any direction for registration of FIR.

6.

The learned Single Judge has mechanically followed the

Division Bench order passed in W.A. No. 1259/2021 (Sheshdhar

Badgaiya vs. State of Madhya Pradesh and others). In absence

of any power under Section 92 of Adhiniyam, the learned Single

Judge ought to have protected the petitioner from registration of

FIR. At the end, he placed reliance on a Single Bench order passed

in W.P. No. 16424 of 2021 (Bhupendra Singh Vs. State of M.P.

and Ors.) decided on 17.09.2021.

7.

Shri Ankit Agrawal, G.A. opposed the prayer, and supported

the order of learned Single Judge and has taken assistance of order

passed in W.A. No. 1259 of 2021(Sheshdhar Badgaiya vs. State of

Madhya Pradesh and others).

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8.

No other point is pressed by the learned counsel for the

parties.

9.

We have heard the parties at length and perused the record.

10.

So far first point is concerned, in our opinion, whether or not

Section 92 gives the power to issue direction to register a FIR, fact

remains that FIR can be registered in accordance with the

provisions of Cr.P.C. It is for the competent authority to decide

whether FIR can be reduced in writing/registered or not. The wrong

quoting of a provision or non-quoting of a provision will not

deprive an authority to issue necessary directions for lodging the

FIR. The Supreme Court has considered this aspect in catena of

judgments.

“A. In N. Mani v. Sangeetha Theatre [(2004) 12 SCC 278]

it is stated: (SCC p. 280, para 9)

“9. It is well settled that if an authority has a power under the

law merely because while exercising that power the source of

power is not specifically referred to or a reference is made to

a wrong provision of law, that by itself does not vitiate the

exercise of power so long as the power does exist and can be

traced to a source available in law.”

B. 28. In Ram Sunder Ram v. Union of India [(2007) 13

SCC 255 : (2008) 2 SCC (L&S) 603 : (2007) 9 Scale 197] it

was held: (SCC pp. 260-61, para 19)

“19. … It appears that the competent authority has wrongly

quoted Section 20 in the order of discharge whereas, in fact,

the order of discharge has to be read having been passed

under Section 22 of the Army Act.

‘9. It is well settled that if an authority has a power

under the law merely because while exercising that power

the source of power is not specifically referred to or a

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reference is made to a wrong provision of law, that by

itself does not vitiate the exercise of power so long as the

power does exist and can be traced to a source available in

law.’ (See N.