LAWS(CAL)-2010-6-124

TANDRANI HALDAR Vs. STATE OF WEST BENGAL

Decided On June 24, 2010
Tandrani Haldar Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The petitioner in this art.226 petition dated April 29, 2010 is seeking a mandamus commanding the police to make proper investigation following the provisions of the Code of Criminal Procedure, 1973 and arrest the private respondents in connection with Baruipur P.S. Case No.149 (3) 2010 under Sections 498A/406/34 of the Indian Penal Code".

(2.) On February 25, 2010 the petitioner filed a petition before the Additional Chief Judicial Magistrate, Baruipur alleging that the accused in the case committed offences under Section 498A/323/406/34 of the Indian Penal Code and seeking an order under Section 156(3) of the Code of Criminal Procedure, 1973. The petition was registered as C-294 of 2010. On that same day the Additional Chief Judicial Magistrate made an order directing the officer in charge of Baruipur police station to register an FIR under Section 498A/406/34 of the Indian Penal Code. The FIR was registered.

(3.) Relying on the decision in Common Cause, A Registered Society v. Union of India & Ors., 1999 5 JT 237 (paras.34, 177) counsel submits that it is necessary to exercise power under art.226 to direct the police to take steps for arresting the private respondents and investigating the case according to the provisions of the Code of Criminal Procedure, 1973. Counsel for the state submits that it is incorrect to say that no steps were taken for arresting the accused, four of whom were granted anticipatory bail by the Court of Session concerned.