FAKARUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A supplementary affidavit, as well as an affidavit-of-service, filed today be kept on record. Affidavit-in-opposition filed by the respondent no. 5 also be taken on record.

(2.) The petitioners complain that, despite a specific order of the Magistrate dated October 15, 2019 passed in G. R. 714 of 2019 regarding re-investigation being conducted by the police, no such re-investigation has at all been conducted. Learned counsel appearing for the police authorities submits a report, apparently given by the Officer-in-Charge of Haroa Police Station, Basirhat PD, who is the investigating officer, which has only paid lip-service to the direction of the Magistrate.

(3.) The report appears to be a farce, since it only records what was done mostly prior to the order of re-investigation and records only one paragraph regarding what has been done after the direction for re-investigation, which only shows that two witnesses were examined and their statements were recorded under Section 161 of the Code of Criminal Procedure. It was further recorded that, for reasons best known to the Officer-in-Charge, no force could be applied against the complainant by the alleged persons. The Officer-in- Charge of the Haroa Police Station was sufficiently condescending thereafter to advice that it is a case of civil nature and so after completion of investigation he consulted with his superiors and as per their direction submitted FRMF in this case vide Haroa PS FRMF No. 433 of 2019 dated October 31, 2019.