Extracted from the PDF above. The PDF is authoritative.
09.09.2026. Item No. 12. Court No. 758 ap
W.P.A. 5334 of 2024
Mrs. Mohua Guha Versus The State of West Bengal & Ors.
Mr. Masudur Rahaman Paik.
…For the petitioner. Mr. Sujit Mitra, Ms. Sipra Chanda. …For the State.
1. Pursuant to the order of this Court, the learned Advocate representing the State has filed a report dated 27th August, 2026 received from the Jadavpur Police Station. The same is taken on record.
2. The petitioner filed a complaint with the Jadavpur Police Station for alleging commission of cognizable offences upon her. Since the Police did not own register the FIR for investigation, an application under Section 156(3) of the Code of Criminal Procedure, 1973 was filed before the jurisdictional Magistrate. On the basis of the order of the learned Magistrate, Jadavpur Police Station Case No. 314 of 2021 dated 16.09.2021 was registered for investigation into the offences punishable under Sections 420/120B of the Indian Penal Code.
3. It transpires from the report of the State that upon completion of the investigation, a final report was submitted before the Court of the learned Additional Chief Judicial Magistrate at Alipore on 8th April, 2022
2 intimating the learned Magistrate that the disputes are civil in nature and does not disclose any criminal offence.
4. It further transpires from the report of the State that upon being aggrieved and/or dissatisfied by the investigation, the de facto complainant/petitioner herein filed a Naraji petition before the learned Additional Chief Judicial Magistrate at Alipore.
5. Upon consideration of the Naraji petition, the learned Magistrate directed further investigation into the matter.
6. It also transpires from the said report of the State that upon such direction of the learned Magistrate, further investigation of the case was taken up and after conducting further investigation under
order of the learned Magistrate, a second final report was submitted on 24th November, 2023 once again reiterating the findings to the effect that the disputes are purely civil in nature.
7. Counsel for the petitioner informs this Court that a final report was submitted before the learned Magistrate is awaiting an order of acceptance by the learned Magistrate.
8. In view of the aforesaid, this Court is not inclined to interfere with the matter, which is the subject matter before the learned Additional Chief Judicial Magistrate at Alipore. The prayer for
3 transferring the investigation to any other Investigating Agency is considered and rejected.
9. It is, however, clarified that the petitioner shall be entitled to ventilate all her grievances before the learned Magistrate, which shall be considered by the Court, without being influenced by any of the observations made in this order.
10. W.P.A. 5334 of 2024 is disposed of without any
order as to costs.
11. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.
(Anuj Singh, J.)