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
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.)