Jitu Das vs Unknown
2023 Latest Caselaw 7516 Cal

Calcutta High Court (Appellete Side)

Jitu Das vs Unknown on 1 December, 2023

Author: Tirthankar Ghosh

Bench: Tirthankar Ghosh

01.12.2023 Serial no. 1 [G.S.D]

CRR 4571 of 2022 With CRAN 2 of 2023

In the matter of : Jitu Das ... ... Petitioner

Mr. Imran Ali Ms. Debjani Sahu ... for the State

None appears for the petitioner.

I find from the order dated 11.1.2023 that there was

a direction by a Co-ordinate Bench of this Hon'ble Court

relying upon paragraph 120.6 of a judgment of the Hon'ble

Supreme Court in Lalita Kumari -vs- Government of Uttar

Pradesh & Ors. reported in 2014(2) SCC 1, upon the

investigating officer not to take any coercive step.

So far as the judgment of Lalita Kumari is concerned

the paragraph starts with :

"As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under:

(a) Matrimonial disputes/family disputes

(b) Commercial offences

(c) Medical negligence cases

(d) Corruption cases"

The word used and emphasized in the starting line of

the paragraph is "may".

Having considered the same, I am of the view that

the registration of the FIR is not vitiated.

Accordingly, CRR 4571 of 2022 along with CRAN 2 of

2023 is dismissed.

Pending application, if any, is also dismissed.

Parties to act on a server copy of this order duly

collected from the official website of the Hon'ble High Court

at Calcutta.

Urgent Photostat certified copy of this order, if

applied for, be supplied to the parties, subject to compliance

with all requisite formalities.

(Tirthankar Ghosh, J.)