ASHIM KUMAR ROY, J. - (1.) THIS writ application has been moved seeking three folds relief, "a. Issue a Writ of Mandamus and/or an order or a direction of like nature, directing the respondent authorities to restrain the said private respondent from making hindrance, in any manner whatsoever, from preventing the petitioners and their family members to live a healthy and fearless life in their house, situated at the address mentioned in the cause title. b. Issue a Writ of Mandamus and/or an order or a direction of like nature, directing the respondent authorities to take appropriate steps and proceed correctly with Raidighi Police Station FIR No. 94 of 2013 dated 21st April, 2013 in accordance with law. e. Issue a Writ of Mandamus and/or an order or a direction of like nature, directing the respondent authorities to treat the said communications/viz. representation dated 6th December, 2013 and 10th December, 2013 as complained and also to initiate appropriate legal action thereon after taking cognizance thereof."
(2.) SO far as the relief sought for, on the face of the same, I find those are almost identical. Now from the report submitted by the police, which is with the record, I find the grievances have already been meted out and admittedly the writ petitioner with other members of his family are peacefully residing at the residence in the same village without any further disturbance. Coming to the relief sought for in prayer 'b' I find investigation of Raidighi Police Station FIR No. 94 of 2013 has been ended in charge sheet Vide Raidighi Police Station Chargesheet No. C.S. 99 of 2013. Therefore, this writ petition so far as the same is concerned has become infructuous. Now, coming to the relief sought for against the prayer 'e' on a bare glance at the content of annexures P -13 and P -14, and without entering into the truth or falsehood of the same undoubtedly on the face of those allegations, cognizable offence has been made out. Therefore, police is duty bound to record FIR.
(3.) HOWEVER , I have been informed by the learned counsel for the State that police without recording any FIR undertook an investigation and found that those allegations were false. It goes without saying, the approach of the police authority is not in accordance with the provisions prescribed in the statute. In a case where the complaint disclose commission of cognizable offence, the police is first to record FIR and then to undertake investigation and after investigation is over, on the basis of the material collected police is to submit either chargesheet or final report as the case may be. Accordingly, this court is not inclined to give any importance to the purported investigation and Officer -in -Charge, Raidighi Police Station is directed to register an FIR on the basis of the aforesaid two complaints and to undertake investigation in accordance with law.;