W.P. No.11907 (W) of 2019
15.07.19 The State of West Bengal Ors.
Ct-08 Mr. Rajendra Banerjee
(S.R.) Mr. Rama Chakraborty … for the petitioner.
Mr. Lalit Mahato
Mr. Debabrata Mondal … for the State.
Mr. Amit Baran Dash … for the private respondents.
The petitioner complains of police inaction
Learned advocate appearing for the petitioner
submits that, the police did not investigate into the
complaint properly. Provisions of Section 354 of the
Indian Penal Code have not been added. Since the defacto
complainant who is the petitioner is a lady and she
suffered injury, provisions of Section 354 I.P.C. should be
added and the same investigated into.
Learned advocate appearing for the State submits
that, the complaint of the petitioner was inquired into and
a prosecution against the respondent nos.5 to 8 under
Section 323 of the Indian Penal Code was submitted.
In such view, the petitioner was assaulted. There is
an injury report. The petitioner is a lady.
In the facts of the present case, the police will treat
the complaint of the petitioner as a First Information
Report under Section 354 of the Indian Penal Code and
investigate thereon. It is open for the police authorities to
submit appropriate report before the jurisdictional Court
on completion of such investigation.
W.P. No.11907 (W) of 2019 is disposed of without
any order as to costs.
Urgent certified website copies of this order, if
applied for, be made available to the parties upon
compliance of the requisite formalities.
(Debangsu Basak, J.)