LAKSHMI BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional has been preferred against an order dtd. 12/3/2019 passed by the Learned Additional Chief Judicial Magistrate, Barasat, North 24 Parganas in connection with G.R. Case No. 1801 of 2017 arising out of Deganga Police Station Case no. 463/2017 dtd. 5/8/2017 under Ss. 448/449/427/325/354/379/436/506/120(B) of the Indian Penal Code whereby the petitioner's prayer for further investigation in this case was rejected.

(2.) The Petitioner's case is that after the initiation of Deganga Police Station Case no. 338/2014 dtd. 23/5/2014 under Ss. 325/406/302 of the Indian Penal Code at the behest of the Opposite No. 2 and 3, the petitioner and her family members had been refused entry in their own home and had been forced by the private opposite party to leave their residence. The Petitioner and her family member were residing at the mercy of their relatives and cannot go back to their own house, and on 30/6/2014 when no one was present in the house, Opposite Party No. 2 and 3 and some other unknown miscreants entered into the house of the petitioner and stole one gas cylinder, five bag rice, and some other valuable articles. The daughter of the petitioner made a written complaint before the Officer-in-Charge Deganga Police Station disclosing cognizable offences against the private respondent herein. Thereafter on the basis of the complaint Deganga Police Station Case No. 452/2014 dtd. 1/7/2014 under Sec. 380 of the Indian Penal Code was started against the private respondents.

(3.) It is submitted that thereafter challenging the in action and/or non action of the police authorities to render necessary police assistance to the petitioner and her family members to return to her residence and reside there peacefully, the petitioner preferred a Writ Application under article 226 of the Constitution of India before this Hon'ble Court being WP No. 15362(w) of 2017. By an order dtd. 19/6/2017, the Writ petition was disposed off and the Court opined that it shall be open to the petitioner to approach the Criminal Court and ventilate her grievance in accordance with law.