Dipak Kumar Sarkar v. State Of West Bengal And ORS.

C.R.R.1187 of 2021 D/L14 30.03.2023 Bpg.

In Re: An application under Section 401 and 397 read with Section 482 of the Code of Criminal Procedure;

Sri Dipak Kumar Sarkar

Versus

The State of West Bengal and others Mr. Rajnil Mukherjee.

...for the petitioner.

Mr. Arijit Ganguly, Ms. Manisha Sharma.

...for the State.

Affidavit-of-service so filed be kept with the record. Learned advocate for the petitioner is aggrieved by the final report so submitted and in spite of direction by the learned ACJM, Raghunathpur, Purulia. Learned ACJM, Raghunathpur, Purulia allowed the prayer of the de facto complainant for further investigation rejecting to accept the F.R.T. and directed the Inspector-in-Charge, Santaldih Police Station for further investigation of the case by a different Investigating Officer. Report reflects again final report has been submitted before the learned ACJM, Raghunathpur, Purulia, which is F.R.T. No.48 of 2021 dated 31.07.2021. Let the report be kept with the record.

The present revisional application before this Court has become infructuous in view of changed circumstances as reported by the Investigating Officer of the case.

Petitioner is granted liberty to approach the learned

ACJM, Raghunathpur, Purulia. Learned ACJM, Raghunathpur, Purulia will assess the conduct of the subsequent investigation from the case diary and arrive at his fresh opinion, if required. Learned ACJM, Raghunathpur, Purulia would be in this case at liberty to direct investigation by a different Investigating Agency. With the aforesaid observations, CRR 1187 of 2021 is disposed of.

Pending 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.)