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Calcutta High CourtWPA/29111/2022disposed

Aparna Bhoumik v. State Of West Bengal And ORS.

2025-03-17Hon'Ble Justice Tirthankar Ghosh4 pages

17.03.2025 WPA 29111 of 2022 Sl.No.

Court No. 35 Aparna Bhoumik -VsThe State of West Bengal & Ors.

G.S.Das Mr. Rit Banerjee Ms. Paramita Dey Ms. Tanaya Banerjee Ms. Divya Kar Ms. Susmita Bhattacharjee ... for the Petitioner(s) Mr. Rajarshi Basu Mr. Kartik Chandra Kapas ... for the State-respondent(s) Mr. Uddipan Banerjee Mr. Subhrakanti Samanta ... for the respondent nos. 5, 6 and 7 The petitioner is aggrieved regarding the manner in which Maheshtala P.S. Case No. 332 of 2022 dated 05.07.2022 was registered for investigation under Sections 341/324/34 of the IPC as also the manner in which Maheshtala P.S.

Case No. 368 of 2022 dated 20.07.2022 has been registered for investigation.

The main grievance of the petitioner is that the investigating

authorities did not register the case under Sections 307/326/459 of the IPC.

I find that in both the cases, Charge-sheets were submitted in the year 2022. The writ petition was affirmed on 23rd December, 2022 and, prior to that, in the month of July and August, 2022, Charge-sheets were already submitted before the learned jurisdictional court.

Having considered that FIR looses its relevance once the Charge-sheet is submitted, it is incumbent upon the petitioner, if she is aggrieved, to canvass the issues by way of an application under Section 173(8) of the Cr.P.C. before the jurisdictional court.

The records of the case reflect that next date of hearing in one of the cases is fixed on 18.03.2025.

The petitioner, if so aggrieved, would be at liberty to canvass her grievances before the jurisdictional

Magistrate on the next date so fixed or, in accordance with the stage of the case as directed by the learned Magistrate.

With the aforesaid observations, WPA 29111 of 2022 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)