A single bench of Calcutta High Court comprising Justice Rajasekhar Mantha expressed displeasure at the conduct of the police authorities of Alipurduar Police Station in not registering an FIR despite receipt of the complaint with regards to non- payment of compensation under the Land Acquisition Act, 1894.
Background:
The writ petitioner is aggrieved that notwithstanding complaint dated September 3, 2021, addressed to the Alipurduar Police Station as regards non-payment of compensation under Land Acquisition Act, 1894, police have not taken any steps.
Submissions:
● Counsel for the National Highway Authority submitted that her client has nothing to do in the matter since the compensation has already been deposited with the office of the District Magistrate, Jalpaiguri, and disbursal thereof is by the State Authority.
● Mr. Abhratosh Majumdar, learned Senior counsel appearing for the private respondent no.7, who is the former Additional Land Acquisition Collector, would submit that the money payable to the writ petitioner, was mistakenly transferred to the relative of a third person bearing the same name as the writ petitioner.
After detecting the mistake, the money was subsequently re-transferred back to the account of the writ petitioner. The relevant extract of the bank accounts of theother documents was submitted by Mr. Majumdar and copies thereof have beengiven to the counsel for the petitioner.
Observation of the Court:
The bench took notice of the fact that a complaint has also been filed by the office of the D.M., Alipurduar on 4th September 2021 with the Kotwali and Alipurduar Police Station.
Having heard the rival contentions of the parties, this Court was of the considered view that since after receipt of a complaint as regards the commission of a cognizable offense, the Alipurduar Police Station was bound to register FIR and commence an investigation, as per the dicta of the Hon’ble Supreme Court in the case of Lalita Kumari vs Govt. Of U.P. & Ors reported in (2014) 2 SCC. As to whether there is criminality or whether the ingredients of the offences are available this would depend on the statements made in the complaint and the investigating officer shall consider the same while submitting the final report to the ACJM concerned.
This Court, therefore, took exception to the conduct of the Alipurduar Police Station in not registering FIR. It was ordered that FIR shall forthwith be registered and investigation should be completed as expeditiously as possible preferably within a period of two months from the date of communication of a copy of this order and after completion of the investigation, a suitable report shall be submitted before the Jurisdictional Magistrate.
Accordingly, the petition was disposed of.
Case Title: Sabita Roy v. State of West Bengal
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