Minchem Impex India Pvt. Ltd. v. State Of West Bengal And ORS.

C.R.R.753 of 2024 D/L17 12.03.2024 Bpg.

In Re: An application under Section 483 of the Code of Criminal Procedure, 1973;

Minchem Impex India Pvt. Ltd.

Versus

The State of West Bengal and others Mr. Karan Dudhwewala Mr. Joydeep Mishra.

...for the petitioner.

Mr. Debasish Roy, Ld. P.P.

Mr. Arijit Ganguly Ms. Sonali Bhar.

...for the State.

Learned Public Prosecutor appearing on behalf of the State has made his submission that the involvement of the three Inspectors-in-Charge of Dum Dum Police Station, Bongaon Police Station and Sonarpur Police Station is unwarranted in view of the allegations relating to the offence which has been made as the complaint is restricted within the jurisdiction of Baguiati Police Station.

The orders on and from 02.12.2022 are modified to the extent that instead of the Inspector-in-Charge, Dum Dum Police Station, Inspector-in-Charge, Bongaon Police Station and Inspectorin-Charge, Sonarpur Police Station, the investigation so referred to in the order dated 02.12.2022 would be conducted by the Inspectorin-Charge, Baguiati Police Station. The complainant will submit its papers and documents with the Officer who has been deputed or delegated by the

Inspector-in-Charge to prepare the report. If required, notices would be issued to the three proposed accused persons as referred to in the petition of complaint. The concerned Officer preparing the report would take into account the complicity and submit his report with the learned Judicial Magistrate, 2nd Court, Barasat, North 24 Parganas.

Learned trial court will take into account the allegations in the complaint, the examination under Section 200 of the Code of Criminal Procedure, the report so submitted by the concerned Officer of Baguiati Police Station under Section 202 of the Code of Criminal Procedure and thereafter decide whether to proceed under Section 203 of the Code of Criminal Procedure or Section 204 of the Code of Criminal Procedure.

With the aforesaid observations, CRR 753 of 2024 is disposed of.

Pending connected application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)