Robin Mukherjee v. State Of West Bengal & ORS

30.3.2022 sb ct. no. 35 CRR 595 of 2015 In the matter of : Sri Robin Mukherjee ....Petitioner Mr. Binay Kumar Panda Mr. Pravas Bhattacharya ....for the State The matter is listed today for hearing.

None appears for the petitioner. Learned advocates for the State are present before the Court. The concerned authority may regularise the appointment of the learned State advocates. This revisional application has been filed by the petitioner under Section 401/482 of the Code of Criminal Procedure praying for setting aside the order dated 21.11.2014 passed by the learned Additional Chief Judicial Magistrate, Alipore in connection with A.C case no. 3684 of 2014 whereby the prayer of the petitioner to direct the officer-in-charge, Mahestala Police Station under Section 156(3) of the Code of Criminal Procedure to treat the petition as FIR, has been rejected.

It is submitted by the learned advocate for the State that the impugned order passed by the learned Additional Chief Judicial Magistrate, Alipore rejecting the prayer for directing investigation on the basis of the complaint is just and appropriate as the same did not disclose the particulars regarding transactions between the complainant/petitioner and the person against whom such complaint has been made. Heard the learned advocates for the State.

petitioner's prayer for invoking the Section 156(3) of the Code of Criminal Procedure was rejected.

On a careful consideration of the same, I find that ingredients of the offence is not disclosed by the petition. Accordingly, the impugned order suffers from no infirmity or illegality.

The revisional application is dismissed on its merits. Let a copy of this order be sent to the learned Additional Chief Judicial Magistrate, Alipore for information. All parties are to act on the server copy of this order duly obtained from the official website of this Court. (Ananda Kumar Mukherjee, J.)