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Calcutta High CourtWPA/4185/2021disposed

Prabir Banerjee v. State Of West Bengal And ORS.

2021-06-28Hon'Ble Justice Rajasekhar Mantha2 pages

28-06-2021 ct no. 13 Sl.27 sp WPA 4185 of 2021 (Through Video Conference) Prabir Banerjee -VersusThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury ....for the petitioner Mr. Srijib Chakraborty ....for the State-respondents Counsel for the petitioner submits that his client is a senior citizen and a theft occurred in his premises, which resulted in loss of cash of about Rs. 1,50,000/- and gold ornaments. An FIR dated 10.09.2020 has been registered in this regard.

Pursuant to an investigation, it is submitted by the counsel for the State, a final report being FRT No. 390 of 2020 dated 30.11.2020 has been filed before the jurisdictional Magistrate.

The remedy of the petitioner is therefore to challenge the said FRT and final report before the Magistrate. The petitioner is hereby given liberty to file an objection/Narazi before the concerned Magistrate against the said FRT within a period of 15 days from date. The

Magistrate in the Court below shall furnish a copy of the FRT to the petitioner. The petitioner apprehends that his brother may be responsible for the theft but there is no evidence found by the police as of now.

Be that as it may, since the petitioner complains of a threat to his person and coercion to withdraw the complaint and the FIR. The Officer-in-Charge, Serampore Police Station shall provide necessary police protection to the petitioner at his own cost.

The police are also directed to ensure that the petitioner is not threatened in any way and that there is peace in locality.

With the aforesaid directions, the writ petition is disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)