01.09.2026 Ct. No. 551 Sl No. 33 tbsr WPA 28265 of 2023 CAN 1 of 2026 MADAN SHAW VS STATE OF WEST BENGAL AND ORS. Ms. D. P. Mitra …..for the petitioner Ms. Rashmi Bathra Ms. Simran Sureka ….for the State 1. The petitioner and the State are represented. 2. Report submitted by the State in Court be taken on record. 3. The instant writ application has been filed by the petitioner seeking a direction upon respondent nos. 2 and 3 to submit a report in connection with and on the basis of written complaint lodged by the present petitioner and to take necessary action against the respondent nos. 4 and 5. 4. According to the case made out by the petitioner, respondent no. 4 approached the petitioner for getting a job in his shop. The petitioner, acceding to the request made by the respondent no. 4 engaged him in a job in his shop room. In the month of 2 August, 2023, the petitioner discovered some malpractices by the respondent no. 4. Upon checking the invoice in the shop room on September 6, 2023, the petitioner found a discrepancy in the stock amounting to Rs. 20 lakhs. He discovered that respondent no. 4 had committed theft of his goods in the nature of mobile phone and accessories of different companies amounting Rs. to 20 lakhs. The petitioner further submits that upon enquiry and search conducted by the petitioner he recovered goods of the value of Rs. 3 to 4 lakhs from respondent no. 4. The said respondent no. 4 is also said to have confessed his guilt before the petitioner. Thereafter, the petitioner lodged a complaint in this regard, which was registered as an FIR being Naihati Police Case No. 289 of 2023 dated August 8, 2023 under Section 381 of the Indian Penal Code. 5. The petitioner also claimed in the present writ application that no steps were taken by the investigating agency in such case. It is submitted that nothing was recovered by the investigating agency nor the accused was arrested in connection with the case. 6. Hence the present writ petition has been filed seeking direction upon the respondent nos. 2 and 3 3 to take appropriate legal steps as against respondent nos. 4 and 5. 7. The report submitted on behalf of the State discloses that on the basis of the written complaint lodged by the de facto complainant, a specific case being Naihati P.S. Case No. 289 of 2023 under Section 381 of the Indian Penal Code was started. The report also discloses that the police took up investigation and on completion of such investigation submitted a final report with a conclusion that the incident was ‘true but undetected’. Such final report was filed before the learned Additional Chief Judicial Magistrate, Barrackpore. However, according to such report, stolen articles could not be recovered and sufficient evidence connecting the private respondent with the alleged offence could not be collected. 8. Learned advocate for the petitioner submits that the petitioner has not received any notice from the learned trial Court regarding the submission of final report after an investigation into the complaint lodged by the present petitioner. Such report has already been submitted before the learned Additional Chief Judicial Magistrate, Barrackpore. 4 9. In such circumstances, since the complaint lodged by the de facto complainant has already ended in a final report, the petitioner is at liberty to take appropriate steps in accordance with law with regard to the complaint lodged by the petitioner. 10. With such direction, the instant writ application being WPA 28265 of 2023 along with CAN 1 of 2026 is disposed of. (Md. Shabbar Rashidi, J.)