SUDIPTA SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure is at the instance of an informant and is directed against the order dated 4.8.2000 passed by M. Singh, Judicial Magistrate, Alipore in connection with Bishnupur P.S. Case No. 38(1) 1999.

(2.) This informant lodged a First Information Report alleging that on 29.1.99 at about 11.40 hrs. Some unknown miscreants had committed murder of Biswanath Adhikary inside the compound of Sarada Garden on Diamond Harbour Road. Upon such F.I.R., Bishnupur P.S. Case No. 38(1) 99 commenced and investigation proceeded. But, at the completion of investigation, Officer-in- Charge, Bishnupur P.S. submitted a final report and the ld. Judicial Magistrate taking up Bengal File issued notice upon the informant. But, before such notice was served upon the informant or the informant could come before the ld. Magistrate, one Chandra Adhikary, wife of the victim, Biswanath Adhikary filed an application before the Magistrate praying for further investigation of the case as she came to learn that police had submitted a final report. The said application of Smt. Adhikary came up for consideration before the Court and the Magistrate on 4.8.2000 passed the following orders which runs as :

(3.) This has aggrieved the informant that is de facto complainant and who has come up before this Court with this prayer for setting aside the impugned order. The purpose of lodging a First Information Report under Section 154 of the Code of Criminal Procedure is to set the law into motion, to get an offence investigated and to bring the offenders to book. Therefore, the purpose for which the de facto complainant lodged the F.I.R. on 29.1.99 is for securing a thorough investigation and for bringing the culprit to book. This is a peculiar case when the de facto complainant himself is challenging the order of the Magistrate for further investigation.