INDRANIL MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 407 read with Section 482 of the Code of Criminal Procedure, praying for transfer of Criminal Revision No. 94 of 2018, now pending before the court of learned Additional District Judge, 5th Court, Barasat, North 24-Parganas to High Court where CRR 757 of 2018 is pending for decision.

(2.) The opposite party No.2 submitted First Information Report at Bidhannagar South Police Station, alleging offence, specifically spelt out in the FIR under Section 498A/406/384/325/307/34 of IPC. Police took up investigation and ultimately submitted charge sheet making out prime facie case under Section 498A/406/384/325/34 of IPC but dropping Section 307 IPC from the charge sheet. De-facto complainant/opposite party No.2 felt aggrieved with the deletion of Section 307 IPC, and the manner in which the investigation was undertaken, and accordingly submitted an application under Section 173(8) Cr.P.C. for further investigation.

(3.) The petitioner herein conceding to the prayer for further investigation submitted a similar prayer. The court below by order dated 3rd April, 2018, rejected the prayer under Section 173(8) Cr.P.C.