Extracted from the PDF above. The PDF is authoritative.
09.09.2026 Item No.16 AP
WPA 12532 of 2024
Rajesh Kshetry Vs. State of West Bengal and Ors.
Mr. Apalak Basu Ms. Sampurna Chatterjee Mr. Y. Singhal … For the Petitioner.
Ms. Suchitra Sinha Chatterjee Ms. Sneha Chatterjee … For the State.
1. The petitioner herein submits that pursuant to an incident that took place on 25th March, 2018 Kolaghat Police Station Case No.134/18 dated 25th March, 2018 was registered for investigation into the offences punishable under Sections 341/323 of the Indian Penal Code.
2. The petitioner submits that the said investigation resulted in submission of a Final Report declaring the case as one of “Mistake of Fact” vide Kolaghat PS FRMF 298/18 dated 6th August, 2018.
3. It is further submitted that being aggrieved by the investigation and submission of the Final Report, the petitioner herein filed a Narazai Petition before the Court of Chief Judicial Magistrate praying for further investigation of the matter.
4. By an order dated 20th August, 2022, learned Chief Judicial Magistrate allowed such application and
directed further investigation into the case. The initial
2 investigating officer namely SI Dibakar Dolui was
directed to entrust the investigation to SI Partha Chatterjee.
5. The writ petition was filed, inter alia, praying for just, proper and fair investigation under the monitoring and supervision of this Court.
6. The further investigation into the case pursuant to the order dated 20th August, 2022 was on going.
7. A report filed by the learned advocate representing the State to inform that upon further investigation into the matter under SI Partha Chatterjee, the police has once again submitted a report in final form before the learned Chief Judicial Magistrate and reporting the case as one of “Mistake of fact” vide Kolaghat PS FRMF No.615/24 dated 31st October, 2024.
8. Learned advocate for the petitioner submits that the date of the second round of investigation has not been informed to the de facto complainant either by an investigating officer or by the process of the learned Magistrate Court till date.
9. In view of the aforesaid development of the case, particularly in the light of the fact that the police has once again filed a final report in the matter, the instant writ petition is disposed of with liberty to the petitioner to immediately obtain a copy of the Final Report so submitted by the investigating officer on 31st October, 2024 and redress its grievances before the learned
3 Magistrate Court with regard to the nature of the investigation of the case, if the petitioner is aggrieved by the same. Upon such application being filed, learned Magistrate is requested to dispose of the same within a period of two months therefrom.
10. It is, however, clarified that this Court has not gone into the merits of the allegation that the petitioner has made in this writ petition or with regard to the dissatisfaction that the petitioner may have with the second round of litigation.
11. With the aforesaid observations, WPA 12532 of 2024 is disposed of.
12. There shall be no order as to costs.
13. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Anuj Singh, J.)