Shyamal Kumar Danpat vs State Of West Bengal And Others

Sabyasachi Bhattacharyya, J

The petitioner alleges that despite having lodged specific complaints against the private respondents and one ''Chanchal Babu', who is apparently a Sub-Inspector of Police, no First Information Report was registered by the police, although such complaint disclosed certain cognizable offences.

Learned counsel appearing for the respondent nos.5 to 7 submits that the facts are quite otherwise than alleged in the said complaint.

Learned counsel appearing for the respondent-authorities submits that already a proceeding under Section 107 of the Code of Criminal Procedure was taken out and upon enquiry it was found that none of the allegations in the complaint has been substantiated. A report to that effect is filed in Court today. Let the same be kept on record.

Whatever might be the veracity of the allegations and counter allegations made between the petitioner and the private respondents, there is no scope of going into the said questions in detail under Article 226 of the Constitution of India.

However, as far as the report filed by the police is concerned, it appears that, in the teeth of the specific complaint dated December 9, 2019 (Annexure P/1 at page 42 of the writ petition) having disclosed the commission of certain cognizable offences, the police was duty-bound to register a First Information Report and to investigate the matter in a proper manner, pursuant to such report.

Although learned counsel for the respondent-authorities has raised a valid question that the petitioner could very well have approached the concerned Magistrate under Section 156(3) of the Code of Criminal Procedure if the petitioner was aggrieved by the action of the police, it is well-settled that the said remedy is not an absolute bar to the powers conferred on this Court under Article 226 of the Constitution of India, particularly in view of the specific rights of the petitioner, of having a First Information Report being registered on his complaint, having been violated by the police despite cognizable offences having been disclosed in the complaint-in-question.

In such view of the matter, W.P. No.543(W) of 2020 is disposed of by directing the respondent no.4 to register a First Information Report on the complaint lodged by the petitioner on December 9, 2019 as annexed at page 42 (Annexure P/1) to the present writ petition and to investigate into the matter as expeditiously as possible.

It is, however, made clear that since no affidavits were invited, it is deemed that the respondents have not admitted any of the allegations made in the writ petition.

There will be no order as to costs.

Urgent certified website copies of this order, if applied for, be given to the parties upon compliance with all requisite formalities.