Md. Rejaul Haque vs State Of West Bengal And Another
2022 Latest Caselaw 7289 Cal

 D/L25                                   C.R.R.2645 of 2021
31.10.2022

Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Md. Rejaul Haque Versus State of West Bengal and another

Mr. Bibhasaditya Chakraborty.

...for the petitioner.

Mr. Swapan Banerjee, Mr. Suman De.

...for the State.

Mr. Bibhasaditya Chakraborty, learned advocate,

appears for the petitioner.

The subject matter of the revisional application relates to

the grievance of the petitioner in respect of the prayer for transfer of

investigation to the CID being refused by the learned CJM, Malda in

connection with G.R. No.1566 of 2021.

The petitioner is aggrieved by the manner in which the

investigation is under progress.

I have assessed the issues which relate to the

dissatisfaction of the petitioner regarding the manner in which the

investigation is being conducted by the English Bazar Police

Station.

I have heard Mr. Swapan Banerjee, learned advocate

appearing for the State.

Having regard to the dictum of the Hon'ble Supreme

Court in Sakiri Vasu Vs. State of Uttar Pradesh and others

reported in (2008) 2 SCC 409: (2008) 1 SCC (Cri) 440: 2007 SCC

OnLine SC 1488, I direct that the petitioner would be at liberty to

take out an application regarding the issues relating to non-

performance of the Investigating Agency. Learned Magistrate is

directed to abide by the directions of the Hon'ble Supreme Court in

the aforesaid judgment. Needless to state that the learned CJM,

Malda is entitled to call for a report regarding the manner in which

the investigation is progressing and, if required, would monitor the

investigation to his satisfaction.

Let such application be filed at the instance of the

present petitioner before the learned CJM, Malda by 15th November,

2022. Learned CJM, Malda would take into account the aforesaid

directions and accordingly pass necessary orders in the proposed

application to be filed before him.

With the aforesaid directions, CRR 2645 of 2021 is

disposed of.

Pending applications, if any, are consequently disposed

of.

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

downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied

for, be supplied to the parties upon compliance of all requisite

formalities.

(Tirthankar Ghosh, J.)