Calcutta High CourtCRR/1908/2021disposed

Masooma Khanam v. State Of West Bengal And ORS.

2021-11-15Hon'Ble Justice Tirthankar Ghosh2 pages

15-11-2021 Subha.

ct, no.34 CRR No. 1908 of 2021 In Re : Masooma Khanam .....Petitioner. In the matter of : An application under Section 397/401 read with Section 482 of the Code of Criminal Procedure.

Mr. Jagannath Ganguly .... for the opposite party nos. 3 & 6.

Mr. Arijit Ganguly Ms. Manisha Sharma ..... for the State.

Today, none appears on behalf or the petitioner. The matter was earlier taken up on 10th November, 2021 when none appeared on behalf of the petitioner. Today, Mr. Jagannath Ganguly, learned advocate virtually appears on behalf of the Opposite party nos. 3 & 6. Mr. Arijit Ganguly, learned advocate appearing for the State was earlier directed to submit a report regarding the progress of the case relating to Beniapukur P. S. Case No. 317 of 15.08.2021. Today, a report has been submitted by the Investigating Officer of the case. Report reflects that the investigation of the case is in progress.

Let the report of the Investigating Officer of the case submitted through the learned advocate for the State be kept with the record.

The grievance of the petitioner is relating to an amendment of the charges. Such amendment can only be considered when the materials transpire in course of investigation and a court of law would not ordinarily interfere until and unless it is found that there is any gross dereliction of duty on the part of the investigating officer. After the investigation is concluded, the de facto complainant/present petitioner would be at liberty to take out such an application, if the facts of the case or the materials collected by the Investigating officer so warrants. No interference is called for by this court at this stage.

Accordingly, the present revisional application being CRR 1908 of 2021 is disposed of.

All pending applications, if any, in connection with revisional application, are consequently disposed of. All parties are to act on the server copy of this order duly downloaded from the official website of this court. ( Tirthankar Ghosh, J. )