SHANKARLAL PATEL Vs. STATE OF W B

JUDGEMENT

(1.) This appeal has been preferred from the judgment and order dated 22nd June, 2012 whereby and whereunder a Learned Judge of this Court dismissed the writ petition on the ground of maintainability. The Learned Single Judge upon considering the submissions of the respective parties arrived at the conclusion that the appellant/petitioner herein has been perusing a parallel remedy by filing a writ petition. From the records, it appears that the learned Magistrate is considering the prayer of the appellant/petitioner for transferring the investigation to the Criminal Investigation Department, West Bengal. As a matter of fact, the Investigating Officer has submitted the final report which was not acceptable to the appellant/petitioner herein and, therefore, on the prayer of the appellant/petitioner herein the learned Magistrate directed further investigation by the Inspector-in-Charge, Uttarpara Police Station.

(2.) The Inspector-in-Charge, Uttarpara P.S. submitted a report which, according to the appellant/petitioner, cannot be said to be a proper report in relation to further investigation.

(3.) From the records, we find that the learned Magistrate instead of taking final decision on the basis of the aforesaid report filed by the Inspector-in-Charge, Uttarpara P.S. has repeatedly adjourned the hearing of the case.