Bijoli Ghosh Karmakar v. The State Of West Bengal And ORS

12.04.2023

IN THE HIGH COURT AT CALCUTTA

Item No.66 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1476 of 2021 Smt. Bijoli Ghosh Karmakar versus The State of West Bengal & others In Re: An Application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure.

Mr. Prasun Kumar Dutta, Md. Kutubuddin, Mr. Santanu Deb Roy ... For the State.

The subject-matter of the present revisional application relates to the investigation of Kasba Police Station Case No. 35 dated 28.01.2021 which was initially registered under Sections 406/506 of the Indian Penal Code and subsequently Sections 376 and 417 of the Indian Penal Code were added. The petitioner approached this Court with a prayer for inaction on the part of the police authorities and for directing the police authorities to conclude the investigation. Having regard to the nature of the prayer so advanced, I am of the opinion that the present application is not maintainable. The petitioner would be at liberty to take out an application before the learned Magistrate for calling a report from the investigating agency in respect of delay caused for arriving at conclusion of the investigation, provided the charge-sheet has not been submitted. Having regard to the observations made above, I am of the opinion that the revisional application being CRR 1476 of 2021 should be dismissed.

Pending connected applications, if any, are 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 with all requisite formalities.

(Tirthankar Ghosh, J.)