Manjula Bhattacharjee v. The State Of West Bengal And ORS

16.06.2021.

Item no. 24.

Court No.13 ap W.P.A. No. 7305 of 2021 (Through Video Conference) Manjula Bhattacharjee

Versus

The State of West Bengal & Ors.

Mr. Suman Sengupta, Mr. Sounak Bhattacharya, Mr. S. Chakraborty.

...For the petitioner.

Mr. Subhabrata Datta, Mr. Debasis Sarkar.

...For the State.

It is submitted that the petitioner is now living safely in her own house and the daughter-in-law and son are living separately.

Counsel for the State submits that the investigation into the original offence alleged against the daughter-in-law and her sister, are still pending investigation and a final report has not yet been submitted.

Counsel for the petitioner submits that the investigation and FIR should also be conducted under Sections 306/325/34 of the Indian Penal Code and those relating to theft.

In view of the above, the writ petition is disposed of directing the Investigating Officer of the case, Lake Town Police Station to conclude investigation and file report before the concerned

Additional Chief Judicial Magistrate within a period of three months from date.

The Investigating Officer of the case shall consider inclusion, inter alia, of Section 307, 506 and 120B of the Indian Penal Code and those relating to theft, if there is sufficient evidence collected in course of such investigation in that regard.

Needless to mention that in the event, the petitioner is not satisfied with the investigation report that may be submitted to the Additional Chief Judicial Magistrate, he may take steps, inter alia, in the form of Naraji petition.

There will be no order as to costs.

All parties are directed to act on a server copy of this order on usual undertakings.

(Rajasekhar Mantha, J.)