TAPAN KR. ROY Vs. STATE OF WEST BENGAL
LAWS(CAL)-2022-11-68
HIGH COURT OF CALCUTTA
Decided on November 23,2022

Tapan Kr. Roy Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

M.RUBIN BRITTO VS. INSPECTOR OF POLICE,KUDUTHINI POLICE STATION,BALLARI AND OTHERS [REFERRED TO]
MINU KUMARI VS. STATE OF BIHAR [REFERRED TO]
VINAY TYAGI VS. IRSHAD ALI @ DEEPAK [REFERRED TO]
INDRANIL MUKHERJEE VS. STATE OF WEST BENGAL & ANR [REFERRED TO]


JUDGEMENT

SUBHENDU SAMANTA,J. - (1.)This is an application U/s 401 of the Code of Criminal Procedure read with sec. 482 of the Criminal Procedure Code against an order dtd. 6/12/2016 passed by Learned Judicial Magistrate, 3rd Court Serampore Hooghly in connection with GR Case No. 1389 of 2015 arising out of Serampore P.S Case No 367 dtd. 7/8/2015 U/s 341/323/506/34 of IPC.
(2.)In a nutshell, the fact of this the case is that the petitioner lodged a written complaint with the I.C Serampore P.S on 7/8/2015 contending inter alia commission of an alleged offence punishable U/s 341/325/506 of IPC against the O.P. No. 2,3 and 4. Police conducted investigation and after completion of investigation, submitted charge sheet against two accused persons except O.P. No. 2. One protest petition (U/s-173(8)Cr.P.C.) was filed by the present petitioner before the Magistrate. Learned Magistrate on hearing the parties passed the impugned order and rejected the application filed by the petitioner U/s 173(8) of Cr.P.C.
Being aggrieved by and dissatisfied with the impugned order the instant criminal revisional application has been filed.

(3.)Learned Advocate for the petitioner submitted before this court that opposite party No. 2 is the principle accused of the alleged offence and he is FIR named accused. The ground to discharge him from the case by the I.O. is mala fide one. The police did not conduct the investigation in a perfunctory manner and submitted false charge sheet. The views of the Ld. Magistrate in the impugned order suffers illegality and improperity. Learned Court below should have ordered further investigation under the Provision of Sec. 173(8) Cr.P.C.


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