Mihir Singha v. Om Prakash Shaw & ORS

27-04-2022 Subha Item no.22 Ct no.34

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction CRR 183 of 2015 In the matter of : Sri Mihir Singha .....petitioner. In Re : An application under Section 482 of the Code of Criminal Procedure.

Mr. Imran Ali Mrs. Debjani Sahu ....for the State.

The record of the present revisional application reflect that the petitioner was aggrieved by the order dated 13.08.2014 passed by the learned Additional District and Sessions Judge, 3rd Court, Asansol in Criminal Motion No. 22 of 2011.

The genesis of the case relate to a report under Section 173 of the Code of Criminal Procedure being filed before the learned Additional Chief Judicial Magistrate, Asansol and an application for further investigation was also filed at the instance of the de facto complainant. The learned A. C. J. M., Asansol rejected such application of the de facto complainant and the reason for such prayer was that the Investigating Officer did not properly investigate the matter. Initially, the learned A.C.J.M allowed the application for further investigation and the police authorities thereafter filed chargesheet against one Om Prakash Shaw. The de facto complainant again filed an application for further investigation and such application was dismissed by the learned A.C.J.M which is the cause

of grievance.

I have perused the reasons assigned by the learned A.C.J.M as well as the learned Sessions Court while refusing the prayer for a second time further investigation and I find that the reasons so assigned are cogent and as such I am of the opinion that no interference is called for.

Mrs. Debjani Sahu, leaned advocate appearing for the State has submitted that although such report was called for but the Asansol(South) Police Station has failed to submit the same within the time so prescribed.

Having regard to the observations made above, I am of the opinion that the findings of the learned Sessions Court are in tune with the provisions of law and as such no interference is called for. Accordingly, the present revisional application being CRR 183 of 2015 is dismissed.

All pending applications, if any, in connection with the revisional application, are consequently disposed of. Interim order, if any, is hereby vacated.

All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]