TRIPURATI ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 has been preferred against the orders dated 23.09.2008 passed by the learned Judicial Magistrate, Paschim Medinipur in G.R. Case No.208 of 2006 thereby accepting the Final Report submitted by the I.O. in the Kotowali P.S. Case No.27 dated 14.02.2006 under Sections 255/260/406/417/468/473 of the I.P.C.

(2.) The petitioner is the de-facto complainant of the said P.S. Case No.27 dated 14.02.2006. He filed one petition of complaint before the learned Chief Judicial Magistrate, Paschim Medinipur and that petition of complaint was forwarded to the concerned P.S. by the learned Magistrate under Section 156 (3) of the Code of Criminal Procedure for investigation. Accordingly, police investigated into the case. But after investigation, the police came to a conclusion that there is no material to proceed against the accused persons mentioned in the petition of complaint and accordingly filed a Final Report praying for discharge of the accused persons. Being aggrieved by the acceptance of the Final Report by the concerned Magistrate, the de-facto complainant has preferred this application.

(3.) Having considered the submission of the learned Advocate for the petitioner and on perusal of the materials on record, I find that the petition of complaint forwarded by the learned C.J.M. to the Kotowali P.S. culminated in Final Report after investigation. Before acceptance of such report, the learned Magistrate issued notice upon the de-facto complainant. Then on September 23, 2008, the learned Magistrate passed the impugned order in the following manner:-