How I sue against the I.O. for misleading the Ld. Magistrate ? I have obtained the relief to sue u/s 200 crpc on that ground. The Judgement is following below :-
D/L86. C.R.R. No.3352 of 2018
September (Via Video Conference)
16, 2021 Bpg.
In Re: An application under Section 482 of the Code of Criminal Procedure, 1973 read with Section 401 & 483 & 309 of the Code of Criminal Procedure.
Sri Kalyan Krishna Nandi Versus
Nita Nani Nandi & Ors.
Mr. Kalyan Krishna Nandi. …petitioner-in-person.
Mr. Imran Ali,
Ms. Debjani Sahu.
…for the State.
Affidavit-of-service filed by the petitioner be kept with the record.
Mr. Imran Ali, learned advocate appearing for the State has submitted a report.
Let the report be kept with the record.
Report reflects that as the petitioner could not submit documents to the police authorities, the police authorities were unable to exercise their powers in respect of the General Diary Entry and the allegations made therein.
Petitioner in person vehemently submits that as the learned court was misled by the report, which did not contain true set of facts, the case was dropped by the learned Magistrate which makes the police authorities liable for their acts. The petitioner further submits that he has documents in his custody and the materials to show that the police authorities have misinformed the court.
On perusal of the letter dated 31.12.2015 which was addressed by the present petitioner to the Inspector-in-Charge of Naihati Police Station which reflects that the grievance of the petitioner is with respect to the earlier marriage of his wife being suppressed as also the child which was born out of the said wedlock was also suppressed at the time of marriage with him. I am of the view that same opportunity should be granted to the petitioner to address his grievance.
Be that as it may, the petitioner is at liberty to prefer an application under Section 200 of the Code of Criminal Procedure before the jurisdictional court and the jurisdictional court on an assessment of the allegations will arrive at his own finding and thereafter decide whether the process should be issued under Section 204 of the Code of Criminal Procedure or in the alternative the complaint should be dropped under Section 203 of the Code of Criminal Procedure. The learned Magistrate would proceed in accordance with law and it is needless to state that any order passed by this Court should not influence or sway the learned Magistrate in arriving at his independent findings.
With the aforesaid observations, CRR 3352 of 2018 is disposed of.
Pending application, if any, is consequently disposed of.
Interim order, if any, is hereby vacated.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)
