Debjani Ghosh v. State Of West Bengal And ORS.

jks 20.09.2023 WPA 20795 of 2023 Mrs. Debjani Ghosh Vs.

The State of West Bengal & Ors.

Mr. Tarique Quasimuddin Ms. Syed Khafiz Zamar ... ... for the petitioner Mr. Asish Kumar Sinha Mr. Anirban Dutta ... ... for the State Affidavit of service filed on behalf of the petitioners is taken on record.

Report filed on behalf of the State is also taken on record. Copy of the same is handed over to the learned counsel appearing for the petitioner. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the de facto complainant in Lake Town P.S. Case No.228 of 2020 dated 28th December, 2020 under Sections 420/406/506/120B of the Indian Penal Code. After competition of investigation, a charge-sheet was submitted being no.263 of 2021 dated 29th November, 2021 under Sections 420/406/506/120B of the Indian Penal Code. In the said charge-sheet the name of the petitioner's aunt has been mistakenly inserted as one who was not sent up as accused in the chargesheet for want of evidence. In spite of bringing this to the notice of the Investigating Officer, the same was not corrected. The petitioner is also aggrieved by the

discharge of the other accused not sent up in the charge-sheet as accused. There was no reason given for the same either.

Learned counsel appearing on behalf of the State relies on the report and submits as follows. As it appears from the report, the Investigating Officer admits his mistake in putting the name of one Mitali Ghosh instead of Minati Ghosh who was the person named in the original FIR as an accused. The mistake is being corrected by filing a supplementary chargesheet before the learned Trial Court. Leave has also been prayed for in this regard.

It appears that the prime grievance of the petitioner that the petitioner's aunt was mistakenly named in the charge-sheet as an accused not sent up has been redressed. An application has been filed in this regard before the Magistrate and a supplementary charge-sheet is being filed in this regard.

So far as the other grievance that the other coaccused were discharged without giving sufficient reason for the same, the petitioner shall be at liberty to take up the point by filing a protest petition before the learned Trial Court.

No further order need to be passed.

With these observations, the writ petition is disposed of.

Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Jay Sengupta, J.)