- (1.) ASHIM Kumar Roy,J.: 1. In absence of the learned Counsel for the petitioners and going through the contents of this application and with adequate assistance received from Mr. Yasin Ali, learned counsel for the State, I find it is the case of the writ petitioners that on the basis of a complaint in writing made to the Officer -in -Charge, Rajarhat New Town Police, Rajarhat New Town Police Station Case No. 327 of 2013, under Sections 341/325/323/354/506/448 and 34 of the Indian Penal Code was registered. A copy whereof produced before this court from the side of the State is already on record.
(2.) IT is the case of the writ petitioners that the allegations made in the complaint disclosed very grievous offence punishable under Sections 326/307 of the Indian Penal Code and 25 and 27 of the Arms Act. Therefore, the Officer -in - Charge of the Rajarhat New Town Police Station, the respondent no.4 be directed to add those Sections in this case. The learned Counsel for the State contended the investigation is still continuing, therefore if finally those offences are found to be committed, nothing would prevent the police to submit charge sheet for the same. Therefore, the relief sought for would be of no consequences and this application be dismissed.
(3.) HAVING regard to the materials on record and submissions from the side of the State, I find there is sufficient force in the contention of the learned counsel of the State. He is absolutely correct that at this stage, there is no need for directing the Rajarhat New Town Police Station to add in the First Information Report the penal provision of Sections 326 and 307 of the Indian Penal Code as also Sections 25 and 27 of the Arms Act, when the investigation has not completed. During investigation, if materials relates to such offences are available to the police then in that case, it is always open to the police to submit charge sheet for the same. Furthermore, even if police is not inclined to submit charge sheet for those graver offences, then in that case, the court concerned not being bound by the conclusion arrived at by the investigating agency, if found that there are sufficient materials, may proceed against the private respondents for such offences. The petitioner is also not remediless and the law also authorized him to raise those points and contest the matter if not police submitted charge sheet for those offences even after having sufficient materials during investigation.;