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Judgments of Supreme Court of India and High Courts

CRR/1183/2012 on 10 July, 2019


1 SB 10.07.2019 C.R.R. 1183 of 2012
Ct. No. 34 +
C.R.A.N. 3795 of 2016

In Re : Altaf Hossain

None appears on behalf of the parties.

No accommodation is sought for.

I find that C.R.A.N. 3795 of 2016 was preferred on behalf of the

State for modifying the order dated 27.04.2012 and for according

permission to the investigating officer who filed charge sheet in

connection with Tufanganj Police Station P.S. Case No. 47/11 dated


I find from the application so preferred that the investigation has

been completed and the investigating officer is unable to file the charge

sheet because of the embargo passed by this Court vide order dated

27.04.2012. It is also reflected in the said application that although this

case was registered under Sectionsection 498A /Section306 of Indian Penal Code,

subsequently Sectionsections 302 /Section34 of the Indian Penal Code were added

during investigation.

In view of the fact that the investigating officer has concluded

the investigation and has preferred an application for according

permission to file charge sheet, I direct that the order dated 27.04.2012

passed by this Court in C.R.R. 1183 / 12 be vacated and the

investigating officer of the case be allowed to file his report (charge

sheet / report in a final form) before the Court having jurisdiction.

In view of the fact that the investigating authorities have come to

a conclusion after completing investigation, I do not think it would be fit

and proper to interfere with the outcome of the investigation and as

such the revisional application which has been filed challenging

Tufanganj P.S. Case No. 47/2011 dated 26.02.2011 is dismissed.

Interim order earlier granted by this Court, is hereby vacated.

The learned trial court is directed to accept the report so

submitted by the investigating officer of the case and proceed in

accordance with law.

C.R.R. 1183 of 2012, is thus, disposed of.

Department is directed to communicate this order to the Court of

learned A.C.J.M. Tufanganj Cooch Behar. The learned A.C.J.M. is

directed to intimate the same to the concerned police station so that

steps may be taken for submitting the police report.

(Tirthankar Ghosh, J.)

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