Calcutta High CourtWPA/515/2023dismissed as infractuous

Vinod Ram v. The Administration Of Andaman And Nicobar Islands Port Blair

2023-04-18Hon'Ble Justice Krishna Rao2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/515/2023 Vinod Ram ... Petitioner Vs.

The Administration of Andaman & Nicobar Islands and others ... Respondents Mr. Mit Guha Roy ... For the Petitioner Mrs. Anjili Nag ...For the respondents April 18, 2023 [Bithika] Item No.11 Mr. Mit Guha Roy representing the petitioner appearing through Video Conference and submits that the petitioner is the victim/complainant of the FIR No. 72 of dated 8th June, under section 332/353/325/326/379/506 of the Indian Penal Code. After registration of the case, the police have investigated but have filed final report on the ground of 'lack of evidence'. On filing of the final report, petitioner has filed a protest application before the learned Chief Judicial Magistrate, Port Blair and learned Magistrate has referred the matter again for further investigation. In spite of the order passed by learned Chief Judicial Magistrate, Port Blair, the Investigating Agency has not filed the report. Accordingly, the petitioner filed the instant application. When the matter is called, learned Counsel Mrs.Anjili Nag

representing for the respondent submits that as per the direction for further investigation, the Investigating Agency has completed the investigation and filed final report again on the lack of evidence.

Learned Counsel for the petitioner submits that again and again the Investigating Officer filing report on the ground of lack of evidence and as such this Court can pass an order directing the investigation be handed over to any other investigating agency other than the police authority. Considering the submissions made by the respective parties, this Court finds that police authorities have already filed final report and now the new cause of action has arose for the petitioner for taking appropriate action against the said final order if the petitioner desired. This Court is of the view that no order can be passed in the present application.

Accordingly, WPA No. 515 of 2023 is dismissed. It is made clear that the dismissal of this Writ Petition will not debar the petitioner to take appropriate steps against the final report before the learned Magistrate if so advised.

(Krishna Rao, J.)