SHILPA LOHIA MODI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court: The petitioner in this art. 226 petition dated July 22, 2010 is seeking the following principal relief:

(2.) Counsel submits that the FIR (at p.30) was registered under s.279/338 of the Indian Penal Code. He says that the case was started for investigating into commission of only bailable offences, and that as a result the accused all were released on bail and the vehicle involved in the commission of the offences was also released. His submission is that unless an appropriate order is made by the High Court under art. 226 for making proper investigation, the officer in charge of the police station will not submit a proper charge- sheet.

(3.) In my opinion, this is not a fit case where the High Court should exercise power under art. 226. The Magistrate concerned has been monitoring the investigation. The petitioner was free to express her grievances, if any, to the Magistrate. There is no guarantee that a charge-sheet will be submitted. But if a charge-sheet is submitted, then the petitioner, if aggrieved, can make appropriate application requesting the Magistrate to make order for further investigation.