Calcutta High Court (Appellete Side)
Krishnakali Nanda & Anr vs The State Of West Bengal & Ors on 29 June, 2022
Author: Shampa Sarkar
Bench: Shampa Sarkar
S/L 153 29.06.2022Court. No. 19
GB WPA 15528 of 2021 Krishnakali Nanda & Anr.
VS The State of West Bengal & Ors.
Mr. Saunak Bhattacharya, Mr. Sounak Mandal.
... for the Petitioners.
Mr. Jishnu Chaudhury, Mr. Amritalal Chatterjee.
... for the State.
On September 8, 2021, based on a written complaint filed by the petitioner no.2, which was forwarded by the learned ACJM, Contai, Contai Police Station Case No.335 of 2021 was registered under Sections 447/323/324/325/506/34 of the Indian Penal code. Notice under Section 41A of the Code of Criminal Procedure was issued to the FIR named accused persons. Injury report of the victim, i.e., the petitioner no.2 was collected.
On September 2o, 2021 all the seven FIR named accused persons were released on bail by the learned ACJM, Contai Court. After completion of the investigation, charge- sheet vide Contai Police Station charge sheet No.342 of 2021 dated September 23, 2021 under Sections 447/323/324/325/506/34 of the Indian Penal code was filed against all the FIR named accused persons.
Again on September 23, 2021 on the basis of the order of the learned ACJM, Contai, Contai Police Station Case No.360 of 2021 dated September 23, 2021 under Sections 341/323/379/506/34 of the Indian Penal Code was registered. After completion of the investigation, charge- 2 sheet bearin no.402 of 2021 dated October 21, 2021 under Sections 341/323/379/506/34 of the Indian Penal Code was submitted.
Thereafter, on the basis of the complaint of the petitioner no.2 dated December 14, 2021 as forwarded by the learned ACJM, Contai, Contai Police Station Case No.463 of 2021 under Sections 341/323/325/379/506/34 of the Indian Penal Code was registered. After completion of the investigation, charge-sheet bearing no.523 of 2021 dated December 31, 2021 under Sections 341/323/325/506/34 of the Indian Penal Code was submitted against all the accused persons.
Again on December 14, 2021 on the basis of the order of the learned ACJM, Contai, Contai Police Station Case No.17 of 2022 dated January 15, 2022 under Sections 341/323/325/379/34 of the Indian Penal Code was registered. The accused persons were issued notice under Section 41A of the Code of Criminal Procedure. Such notice was complied with. The injury report of the petitioner No.2 was collected and the investigation resulted in the filing of a charge-sheet bearing no.47 of 2022 against all the accused persons.
Again on February 2, 2022 based on the complaint of the petitioner no.2 Contai Police Station Case No.51 of 2022 was registered under Sections 341/323/325/379/34 of the Indian Penal Code. After completion of the investigation, charge-sheet bearing no.80 of 2022 was filed against all the accused persons.
3
Upon receiving directions of the learned ACJM, Contai, Contai Police Station Case No.335 of 2021 dated September 8, 2021 under Sections 447/323/324/325/506/34 of the Indian Penal code was registered. Thereafter, Contai Police Station Case No.360 of 2021 dated September 23 of 2021, Contai Police Station Case No.360 of 2021, Contai Police Station Case No.463 of 2021, Contai Police Station Case No.17 of 2022, Contai Police Station Case No.51 of 2022 were registered. All of them were forwarded by the learned Magistrate. In respect of these cases, investigation is going on.
Thus, this Court does not find that the allegation of inaction of the police, is correct. The remedy of the petitioner, if any, with regard to those matter which have resulted in filing of charge-sheet, would be before the learned jurisdictional Magistrate. The police authorities shall continue the investigation of the remaining cases, in a free and fair manner.
Accordingly, the writ petition is disposed of. However, there will be no order as to costs. All the parties are directed to act on the basis of the server copy of this order.
(Shampa Sarkar, J.)