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2022 DAILYLAW 1812 (CAL)

Prabir Ghosh v. State of West Bengal

2022-05-02

Rajasekhar Mantha

body2022
JUDGMENT : Rajasekhar Mantha, J. 1. Affidavit of service filed in Court today be kept with the record. 2. Leave is granted to the petitioners to file supplementary affidavit. 3. The petitioners are aggrieved that Chapra Police Station has registered FIR No.571 of 2021 dated 29th December 2021, only under Sections 447/427/506/34 of the IPC. It is submitted that the private respondents and seventeen others had deliberately and willfully cut down bamboo trees from the petitioners’ land and have appropriated the same for their own use. The respondents have also been threatened along with arms and intimidated. 4. Counsel for the State submits that the investigation to the FIR is continuing and that if further sections are found applicable, the same shall be included in the charge sheet. 5. This Court cannot brush aside the allegation of the petitioners that the FIR has been registered under lighter sections, which would be beneficial to the private respondents. 6. The FIR should have definitely reflected commission of offences under Sections 379/395/397 of the IPC. The said sections shall be added and included in the said FIR. 7. The Additional Superintendent of Police, Krishnagar shall take note of the above and monitor the investigation. The Additional Superintendent of Police, Krishnagar shall also be entitled to change the investigating officer and must take a suitable decision thereon immediately upon receipt of a copy of this order. For the aforesaid purpose the case diary may be called and scrutinized. It is expected that the final report should be submitted before the concerned judicial magistrate with a copy to the writ petitioner within a period of three weeks from date mandatory and positively. 8. Counsel for the petitioners submits that one Mr. Alibaddi Harkara might have been the king pin behind the entire operation of theft of bamboo from its grove. A statement to this effect has been made in the supplementary affidavit filed in the Court. The same shall be taken into consideration by the investigating officer and or the Additional Superintendent of Police as directed above. 9. Report dated 24th February 2022 along with annexures issued by the Inspector-in-Charge, Chapra Police Station filed before this Court is taken on record. 10. With the aforesaid observations, the writ petition is disposed of. 11. There shall be no order as to costs. 12. 9. Report dated 24th February 2022 along with annexures issued by the Inspector-in-Charge, Chapra Police Station filed before this Court is taken on record. 10. With the aforesaid observations, the writ petition is disposed of. 11. There shall be no order as to costs. 12. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.