SUNITI RANI DAS Vs. STATE OF WEST BENGAL AND ORS
LAWS(CAL)-2010-7-172
HIGH COURT OF CALCUTTA
Decided on July 13,2010

SUNITI RANI DAS Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

- (1.) The Court : Counsel submits that after recording the information given by the petitioner in the form a general diary the officer in charge of Tekhali Bazar police station has not taken any step to make investigation.
(2.) In view of the provisions of s.155(1) of the Code of Criminal Procedure, 1973 it is evident that the officer in charge of the police station referred the petitioner to the Magistrate. According to the officer in charge, information given by the petitioner did not make out any offence for registering an FIR.
(3.) If the petitioner was aggrieved by the decision of the officer in charge not to register an FIR, she was free to approach the Judicial Magistrate under s.156(3) or s.190 of the Code of Criminal Procedure, 1973. She is not entitled to any relief from the High Court under art.226. For these reasons, the petition is dismissed. No costs. Certified xerox.;


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