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Priyanka Dhali (Biswas) vs The State Of West Bengal & Ors on 7 February, 2019

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07.02.2019
srm

W.P. No. 17538 (W) of 2018

Priyanka Dhali (Biswas)

versus

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
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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

respondent No.5.

As the police authorities have already taken steps in the matter

and concluded the investigation by submitting a charge sheet the
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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

priority basis.

(Shampa Sarkar, J.)

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