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Judgment
UDAY KUMAR, J.: –
The de-facto complainant/petitioner, by the present criminal revisional application under Section 401 read with Section 482 Cr.P.C., sought quashing of the order dated 21.02.2023 passed by the learned Additional Chief Judicial Magistrate, Ghatal, Medinipur, thereby accepting the F.R.T. filed by the Investigating Officer, after completion the investigation conducted in connection with Daspur P.S. Case No. 257 of 2018 dated 18.8.2018 under Sections 406 and 34 of the IPC. The petitioner has assailed the said order on the ground that the learned Trial Judge has accepted the Final Report of the Investigating Officer and has disposed of the entire criminal proceeding without service of notice upon the de-facto complainant/petitioner.
Learned counsel appearing on behalf of the petitioner submits that learned A.C.J.M., Ghatal, Paschim Medinipur, vide the impugned order, accepted the said final report of the Investigating Officer without application of mind. He further submits that the notice of F.R.T. proceeding has not been served upon his client, as such she was unable to make any application before the learned Trial Court for further investigation. He prays that the matter may be remanded with a direction to give opportunity to the petitioner to file application in respect of the said final report (as submitted by the I.O. and accepted by the learned Court on 21.2.2023).
Learned counsel appearing on behalf of the State vehemently opposes such submission and contends that numerous efforts were made to serve notice of the F.R.T. proceeding upon the petitioner, as would be evident from the orders of the learned A.C.J.M., Medinipur dated 02.01.19, 18.06.2019, 25.09.2019, 18.12.2019, 28.02.2020, 21.12.2020. 05.05.2022 and lastly on 16.11.2022 as well as from the Summon Returns dated 12.11.2022 and 20.01.2023 however, such notices were not served as the de facto complainant could not be traced out, as such the learned Trial Court, by passing the impugned order, has not committed any illegality or irregularity in accepting the Final Report and disposing of the criminal proceeding.
Heard the submissions of the respective parties and perused the materials available with the record, including the impugned order dated 21.02.2023. For the sake of ready reference, the said impugned order is reproduced below: -
“Accd. Banshi Nayek and 03 others are absent by petition and praying for time. Time is allowed. Seen unserved notice is received from O/C concern P.S. D/C is absent. S.R. is returned. On perusal of report, it is found that proper address of the D/C is not traced. It is found that final report is submitted on 02/1/19. In view of the same court is inclined to accept the final report. The case is thus disposed of.”
On such appraisal, I am of the opinion that the learned Trial Court, at the time of passing the impugned order dated 21.02.2023, has considered all surrounding circumstances before him. I am unable to agree with the submission of the petitioner that the learned Trial Judge has committed illegality and/or impropriety by accepting the Final Report without serving notice upon the petitioner inasmuch as it appears from the impugned order referred above that despite attempts, the notice of the F.R.T. proceeding could not be served as the proper address of the petitioner/de-facto complainant could not be traced.
However, if the petitioner is ready and willing to file an appropriate application before the Learned Trial Court, an opportunity may be given to her to place the application for the ends of justice.
Therefore, let this matter be remanded to the learned Trial Court with a direction that in the event, the petitioner files an application within a period of four weeks from the date of communication of this order, the learned Trial Judge shall dispose of the said application by way of a reasoned order, after giving opportunity of hearing to the parties.
Accordingly, C.R.R. 1342 of 2023 is disposed of with the aforesaid directions.
Connected pending application, if any, be disposed of accordingly.
Interim order, if any, stands vacated.
There shall be no order as to costs.
Let the Trial Court records, if any, along with copy of this judgment be transmitted to the learned Trial Court for necessary information and compliance.
Case Diary, if any, be returned to the learned counsel for the State.
Urgent Photostat copy of this judgment, if applied for, be given to the parties, upon completion of requisite formalities.