SHEIKH HASNABUL HAQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the proceedings being G.R. Case No. 579 of 2020 arising out of Lake Town P.S. Case No. 138/2020 dtd. 6/9/2020 under Ss. 420/419/506/120B of the Indian Penal Code now pending in the court of the Learned Additional Chief Judicial Magistrate, Bidhannagar.

(2.) The petitioners are both directors of a company namely M/s Dynamic Hatcheries Private Limited having its office at 36, Beck Bagan Road, Kolkata ' 700 017, PS- Karaya.

(3.) The complainant, one Girwar Bajaj, lodged a written complaint on 8/3/2020 with the Officer-in-Charge Lake Town PS and subsequently another written complaint with the Commissioner of Police at Bidhannagar Police Commissionerate on 11/3/2020 making certain allegations against the petitioner. On 7/8/2020, the said complainant filed a petition u/s 156(3) of the Code of Criminal Procedure, 1973 being MP Case No. 45/2020 before the Learned Additional Chief Judicial Magistrate, Bidhannagar praying for a direction to the I/C of Lake Town PS to treat the petition as an FIR and conduct investigation into the matter. However, instead of passing such order of directing the registration of an FIR, the Ld. ACJM was pleased to call for a preliminary enquiry report from the Officer-in-Charge, Lake Town PS as to the alleged facts and to find out whether any cognizable offence was disclosed or not. Further, one Pradip Saha, SI of Police, Lake Town PS conducted such enquiry and submitted a report before the Ld. ACJM, Bidhannagar on 29/9/2020 stating that the aforementioned case, i.e., Lake Town PS Case No. 138/2020 dtd. 6/9/2020 has been registered in relation to the said matter and the case is under investigation.