W.P. No. 17538 (W) of 2018
Priyanka Dhali (Biswas)
The State of West Bengal Ors.
Mr. Sabyasachi Mukherjee,
Mrs. Arunima Das Sharma
…for the Petitioner.
Mr. Ashim Kumar Ganguly,
Mrs. Sukla Das Chandra
…for the State.
Let affidavit of service be kept on record.
This writ petition has been filed challenging inaction on the part of
the police authorities in concluding the investigation relating to
Duttapukur Police Station Case No.726 dated August 19, 2018 under
Sections 498A/420/324/325/308 of the Indian Penal Code. It is the specific
grievance of the petitioner that although she already lodged a complaint
against her husband who had committed several offences including
forging her signature but the section relating to forgery under the Indian
Penal Code had not been incorporated in the F.I.R.
The learned Advocate for the State‐respondents submits that the
investigation has been completed after recording the statements under
Section 161 of the Code of Criminal Procedure and also issuing of notice
under Section 91 of the Code of Criminal Procedure upon the
complainant. It is also seen that the investigating officer held several
raids in several places in order to arrest the respondent No.5. It is seen
that the respondent No.5 was granted anticipatory bail by a Hon’ble
Division Bench of this Court by an order dated September 6, 2018 in
CRM No.7078 of 2018. Thereafter the respondent No.5 surrendered
before the learned Chief Judicial Magistrate, Barasat on October 6, 2018
and he was released on regular bail. It also appears that during the
course of investigation the police authorities obtained a certified copy of
the loan agreement from which it is seen that the loan of Rs.6 lakh was
taken in the name of the petitioner.
All this information given by the police officer before this Court
prima facie reveals that police have acted in the matter.
The investigating officer has already submitted a charge sheet vide
Duttapukur P.S. Charge Sheet No.1137/18 dated December 31, 2018
under Sections 498A/324/325/308 of the Indian Penal Code against the
As the police authorities have already taken steps in the matter
and concluded the investigation by submitting a charge sheet the
remedy of the petitioner for incorporation of any other section in the
charge sheet is to file an appropriate application before the learned
Court below where the criminal trial is pending. The learned Court
below will decide such an application on its own merits and in
accordance with law.
As the grievance of the petitioner is redressed, no further order
need be passed in the writ petition.
This writ petition is accordingly disposed of.
There will be, however, no order as to costs.
Photostat certified copy of this order be given to the parties on
(Shampa Sarkar, J.)