Basanati Dolui v. State Of West Bengal And ORS.

11.04.2023.

Court No.13 Item No. 46 ap W.P.A. No. 20774 of 2022 Basanati Dolui

Versus

The State of West Bengal & Ors.

Ms. Devipriya Mitra, Ms. Juin Dutta Chakraborty.

...For the petitioner.

Mr. Amitesh Banerjee, Mr. Suddhadev Adak.

...For the State.

Affidavit-of-service filed in Court today be taken on record.

The petitioner complains that FIR registered on the basis of a complaint sent by Speed Post, is contrary to her complaint.

It is further submitted that the left thumb impression on the FIR, does not belong to her. Counsel for the State submits that Bagnan Police Station Case No. 338 of 2022 dated 29th June, 2022 under Sections 448/323/325/427/506/34 of the Indian Penal Code has been investigated and charge-sheet being C.S. No. 387 of 2022 dated 31st August, under Sections 448/323/325/427/506/34 of the Indian Penal Code has been filed against the respondent nos.5 to 15. The petitioner is aggrieved that Sections 406 and 354 of the Indian Penal Code have not been included. The petitioner may apply before the jurisdictional Magistrate against the charge-sheet

under Section 173(8) of the Code of Criminal Procedure.

For the aforesaid purpose, a copy of the chargesheet may be made available to the writ petitioner and/or her learned Advocate by Bagnan Police Station. With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)