AMAL KHATUA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS writ application has been moved seeking three folds relief,

(2.) SO far as the relief sought for, on the face of the same, I find those are almost identical. Now from the report submitted by the police, which is with the record, I find the grievances have already been meted out and admittedly the writ petitioner with other members of his family are peacefully residing at the residence in the same village without any further disturbance.

(3.) HOWEVER , I have been informed by the learned counsel for the State that police without recording any FIR undertook an investigation and found that those allegations were false. It goes without saying, the approach of the police authority is not in accordance with the provisions prescribed in the statute. In a case where the complaint disclose commission of cognizable offence, the police is first to record FIR and then to undertake investigation and after investigation is over, on the basis of the material collected police is to submit either chargesheet or final report as the case may be. Accordingly, this court is not inclined to give any importance to the purported investigation and Officer -in -Charge, Raidighi Police Station is directed to register an FIR on the basis of the aforesaid two complaints and to undertake investigation in accordance with law.