ASHIM KUMAR ROY, J. - (1.) THE subject matter of challenge in the instant criminal revision is an order passed by the learned Chief Metropolitan Magistrate, Kolkata, accepting the final report submitted in connection with Shakespeare Sarani Police Station Case No. 292 of 2001 dated 16.10.2001 under sections 418/420/120B of the Indian Penal Code and discharging the opposite party No. 2 from the said case.
(2.) HEARD Mr. Joymalya Bagchi, the learned Advocate appearing with Mr. Sandipan Ganguly as well as Mr. Girija Ranjan Saha, the learned advocate appearing with Mr. Tapan Chakraborty and Mr. Swapan Kumar Mallick, the learned advocate appearing for the State. Perused the impugned order, the Case Diary and other materials on record. The petitioner is the defacto-complainant of the Shakespeare Sarani Police Station Case No.292 of 2001, in connection with which after investigation police submitted final report. Upon perusal of the police report in final form under section 173 of the Code of Criminal Procedure, contained in the Case Diary, I find there is no note at the relevant place as to when the informant was communicated by the police about the result of investigation and is left blank. Mr. Mallick, on instruction from the Investigating Officer of the case, who is present in Court, admitted that no information was sent to the defacto-complainant, the petitioner herein as to the result of the investigation. Consequently, there is a clear violation of the mandate of the provisions of section 173 (2)(11) of the Code of Criminal Procedure.
(3.) IN the case of Bhagban Singh v. Commissioner of Police, reported in 1985 SCC (Cri) 267. the Apex Court held as follows : "where the Magistrate to whom a report is forwarded under sub- section (2) (i) of section 173 of the Code of Criminal Procedure decides not to take cognizance of the offence and to drop the proceeding or takes the view that there is no sufficient ground for proceeding against some of the persons mentioned in the First Information Report, the Magistrate must give notice to the informant and provide him an opportunity to be heard at the time of consideration of the report." ;