Uma Maity And ANR v. State Of West Bengal And ORS.

18.08.2021 sb CRR 1602 of 2021 (Via video conference) In re : An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : Uma Maity & Anr.

..... Petitioners Mr. Balaram Pandit .....for the Petitioners In this application, the petitioners have prayed for further investigation in connection with G.R. Case No. 200 of 2020 under Sections 447/354/325/307/506/34 of the Indian Penal Code, 1860.

It has been submitted by the learned advocate for the petitioners, that though the FIR was registered, inter alia, under Section 307 of the Indian Penal Code, 1860, the charge sheet does not reflect the said section.

Learned advocate for the petitioners further submits that the investigation, in this case, has been carried out in a perfunctory manner since the statement of the victim girl was not recorded under Section 164 of the Code of Criminal Procedure, 1973. He also indicates some typographical mistakes in the charge sheet.

I am of the opinion that if the petitioners are not satisfied with the outcome of the investigation, they can approach the learned Magistrate in the court below under Section 173(8) of the Code of Criminal Procedure, 1973. In view of such remedy provided under the statute, I am not inclined to entertain this

application filed under Section 482 of the Code of Criminal Procedure, 1973.

If such application is filed for further investigation before the learned Magistrate in the court below, the learned Magistrate shall consider the same in accordance with law. Accordingly, CRR 1602 of 2021 is disposed of. All parties are to act on the server copy of this order duly downloaded from the website of this court.

(Kausik Chanda, J.)