Susheel Dixit And ANR. v. The Director (Rural Development/Panchayat) And ORS.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION [ CIRCUIT BENCH AT PORT BLAIR ] ...
MA/1/2022 IA NO: CAN/1/2022, CAN/2/2022 Susheel Dixit and another ... Appellants Vs.
The Director (Rural Development/ Panchayat) and Others ... Respondents Mr. Gopala Binnu Kumar ... for the appellants Mr. Salim Mohammed ... for the respondent Nos. 1-2 Mrs. Anjili Nag ... for the Pvt. respondent March 16, 2022 [GNC] Item No.9 Parties are represented by their respective counsels. The appeal is taken up for hearing.
Heard learned counsel for the parties.
This appeal is directed against the order passed by Hon'ble Single Bench in WPA/13/2022 on 03.02.2022, whereby Hon'ble Single Bench has been pleased to dismissed the writ petition being not maintainable and directed the writ petitioner to approach the appropriate Court to take such step as may be permitted under the law with regard to the proceeding before the learned Judicial Magistrate, First Class.
It appears that the learned Judicial Magistrate, First Class -I after receiving the record under Section 192 of the Code of Criminal Procedure, proceeded under Section 202 of Cr.P.C and decided to get the matter investigated by Mr. Vinay Kumar Jindal, Director (Rural Development/Panchayat), Andaman and Nicobar Administration and to submit report and thereby postponed the issue of process against the accused. That on receipt of report the learned Judicial Magistrate held prima facie case under Section 451/504/506/427/447 and 34 of the Indian Penal Code and decided to proceed with the hearing of the case. Thereafter, learned Judicial Magistrate issued process against the accused namely Ulrike Dixit and Susheel Dixit under Section 204(a) of the Code of Criminal Procedure.
By filing writ petition the accused persons have alleged that the person who has been entrusted with the investigation by the learned Magistrate under Section 202 of the Code of Criminal Procedure has failed to follow principle of natural justice.
Therefore, this court is of the view, the Hon'ble Single Bench has rightly held that the grievances, if any, against the Investigating Officer i.e. Mr. Vinay Kumar Jindal, Director (Rural Development/Panchayat), Andaman and Nicobar Administration, should be brought to the notice of the learned Judicial Magistrate who has entrusted the investigation to him. Therefore, this Court does not find any infirmity or illegality in the order impugned passed by the learned Hon'ble Single Bench. This Court restrains itself from interfering with the order passed by the Hon'ble Single Bench.
Accordingly, MA/1/2022 stands disposed of and connected application, if any, stands disposed of. Interim order, if any, stands discharge.
There will be no order as to costs.
All parties to act in terms of the copy of the order downloaded from the official website of this Court. Urgent certified copy of this order, if applied for may be supplied to the parties upon compliance of usual formalities. ( Shekhar B. Saraf, J. ) ( Kesang Doma Bhutia, J. )