Shri.M.Thajudeen And ANR v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRR/20/2025 Shri M. Thajudeen and Another Vs.

The State Mr. Arul Prasanth .... for the petitioners Mr. S.C.Mishra ... for the State [on behalf of Mr. S.Karmakar] March 19, 2025 [SR] Item No.1 1.

On the basis of a complaint dated 1st August, 2023 filed under section 156(3) of Cr.P.C, the learned Chief Judicial Magistrate at Port Blair in CR No.89 of 2023 by an order dated 3rd October, 2023 directed the Station House Officer, Police Station Aberdeen to hold a preliminary enquiry and file a report after conclusion of the said preliminary enquiry. Since then, the matter is pending before the learned Chief Judicial Magistrate at Port Blair.

2.

It appears from the orders passed in the said proceedings the last which was passed on 18th February, 2025, the Station House Officer, PS Aberdeen filed a report that a FIR vide No. 277/23 dated 11.10.2023 under sections 420/409/34 of IPC was registered against the accused persons and the said case is under investigation. It was assured that the final report shall be submitted before the Court as soon as the investigation is complete in all respects.

3.

The delay in concluding the investigation is the grievance in which the petitioners have filed this petition.

4.

The Station House Officer, PS Aberdeen filed a report on 17th March, 2025 in which the Investigating Officer has disclosed the steps taken by him, after the FIR was registered. 5.

More than two years have passed since the complaint was lodged and it is submitted that the Investigating Officer shall file a final report within two months from date. The of investigation is important for both the complainant and the accused persons.

6.

In such circumstances, I direct the Investigating Officer to conclude the investigating on or before 15th June, 2025. The said direction is peremptory.

7.

A copy of the order shall be forwarded to the learned Chief Judicial Magistrate, Port Blair.

8.

Since no affidavit-in-opposition is filed on behalf of the State, the allegations contained in the application are deemed to have been denied by the State.

9.

Mr. D.C.Kabir, learned senior counsel appears on behalf of the accused persons, has taken a preliminary objection as regard to maintainability of the petition. However, I am not inclined to accept the said submission as there is an apparent delay in filing of the report by the Investigating Officer. 10.

I make it clear that I have not gone into the merits of the complaint.

( Soumen Sen, J. )