Musa Karim Molla vs The State Of West Bengal & Ors
2022 Latest Caselaw 810 Cal

24.02. 2022 item No.72 n.b.

ct. no. 34 (via video conference) CRR 245 of 2020

Musa Karim Molla Vs.

The State of West Bengal & Ors.

Mr. Satyendar Agarwal, Mr. P. Bag .....for the Petitioner Mr. Sourav Chatterjee Ms. Sumitra Das .....for the opposite party nos.2 to 4

Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta .....for the State Mr. Agarwal, learned advocate appearing for the petitioner

is aggrieved by an order dated 06.12.2019 passed by the Learned

Additional Judicial Magistrate, 2nd Court at Basirhat, North 24

Parganas.

Mr. Sourav Chatterjee, learned advocate appears on behalf

of the opposite party nos.2 to 4.

Mr. Ranabir Roy Chowdhury, learned advocate appears on

behalf of the State.

I have perused the order dated 06.12.2019 passed by the

Learned Additional Judicial Magistrate, 2nd Court at Basirhat,

North 24 Parganas and the foundation of the order is on the basis

of the judgment of the Hon'ble Supreme Court in the case of

Amrutbhi Shambhubhai Patel Vs. Shambhubhai Kantibhai Patel &

Ors. reported in (2017) 4 SCC 177, the aforesaid judgment was

overruled in the case of Vinubhai Haribhai Malaviya Vs. The State of

Gujarat, reported in (2019) 17 SCC 1.

In view of the present interpretation of law, learned

Magistrate is directed to consider the application afresh under

Section 173(8) of the Code of Criminal Procedure. Consequently,

the order dated 06.12.2019 is hereby set aside. Learned Magistrate

would address on the merits of the application under Section

173(8) of the Code of Criminal Procedure regarding the non-

performance of the Investigating Authority, as alleged by the

petitioner/complainant.

Needless to state that this Court has not gone into the

merits of the case and the same is left to the Learned Magistrate to

consider independently and arrive at his own decision without

being influenced by any observation of this Court.

Accordingly, CRR 245 of 2020 is partly allowed.

All pending connected application, if any, are

consequently disposed of.

Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)