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Judgment
Sabyasachi Bhattacharyya, J
The Court : The affidavit in opposition filed by the respondent nos.10 and 11 and the respondent nos.6 to 9 and 13 respectively are kept on record,
along with the affidavit in reply filed by the petitioners.
The grievance of the petitioners is that, despite the petitioners having lodged a complaint regarding fraud and forgery against the private respondent,
the respondent authorities, particularly the respondent nos.4 and 5, who are in charge of the investigation at present, are not taking appropriate steps
with regard to such investigation.
Learned counsel appearing on behalf of respondent nos.4 and 5 relies on an affidavit in opposition filed on behalf of respondent no.5 and indicates that
several steps have already been taken with regard to such investigation. It is seen from paragraph 4 and its sub-sections, of the said opposition, that
the respondent no.5 has taken elaborate steps in respect of the investigation in question, including taking statements from the appropriate persons,
collecting the relevant documents for the purpose of the investigation and has served notices under Section 41 A of the Code of Civil Procedure in that
regard. That apart, the respondent no.5 has elaborately specified in its affidavit in opposition as to the steps taken by such respondent with regard to
the investigation. It has been further stated that the investigation is on the verge of completion and, upon completion of the same, a final report would
be filed before the appropriate Magistrate having jurisdiction.
In reply, learned counsel appearing for the petitioners submits that despite further complaints having been made by virtue of a letter dated March 11,
2019, the police is not taking sufficient steps in that regard. Moreover, certain other sections ought to be added to the ones on which the investigation
is going on.
To this, learned counsel for the respondent no.5 submits that the contents of the said complaint dated March 11, 2019 have also been dealt with
already by the respondent no.5, as also reflected in the affidavit in opposition.
It appears from the submissions of the parties that sufficient steps have already been taken by the respondent no.5 with regard to the investigation in
question. Moreover, as regards addition or deletion of provisions of law to the investigation, the said authority lies with the concerned Magistrate,
before whom the final report would be filed. As such, it would not be proper for this Court to usurp the jurisdiction of the Magistrate by going to the
extent of looking into what sections ought to be added or deleted from the charges already levelled.
In such view of the matter, WP No. 528 of 2019 is disposed of with the expectation that the respondent no.5 shall conclude the investigation at the
earliest and file their report in final form before the concerned Magistrate.
It would be open to the petitioner to take appropriate objections to such report, if any, and/or to pray for addition of further Sections, before the said
Magistrate.
There will be no order as to costs.
Urgent photostat certified copies of this order, if applied for, be supplied to the parties, upon compliance with all requisite formalities.