Prabir Banerjee vs. The State of West Bengal & Ors.

Facts

In present case the application has been filed in the form of writ petition.

In the instant case counsel for the petitioner submits that his client is a senior citizen and a theft occurred in his premises, which resulted in loss of cash of about Rs. 1,50,000/- and gold ornaments.

He further stated that an FIR dated 10.09.2020 has been registered in this regard.

Pursuant to an investigation, it is submitted by the counsel for the State, a final report being FRT No. 390 of 2020 dated 30.11.2020 has been filed before the jurisdictional Magistrate.

The petitioner apprehends that his brother may be responsible for the theft but there is no evidence found by the police as of now.

Court’s Observation

The remedy of the petitioner is therefore to challenge the said FRT and final report before the Magistrate. The petitioner is hereby given liberty to file an objection/Narazi before the concerned Magistrate against the said FRT within a period of 15 days from date. The Magistrate in the Court below shall furnish a copy of the FRT to the petitioner.

Issues

In the instant case the petitioner’s client is a senior citizen and a theft occurred in his premises, which resulted in loss of cash of about Rs. 1,50,000/- and gold ornaments.

An FIR dated 10.09.2020 has been also registered in this regard.

But, it is submitted by the counsel for the State, that a final report being FRT No. 390 of 2020 dated 30.11.2020 has been filed before the jurisdictional Magistrate.

The petitioner apprehends that his brother may be responsible for the theft but there is no evidence found by the police as of now.

Judgement

In the light of the above submission the Honourable Court therefore directed that:

“Since the petitioner complains of a threat to his person and coercion to withdraw the complaint and the FIR. The Officer-in-Charge, Serampore Police Station shall provide necessary police protection to the petitioner at his own cost.”

The Honourable Court further state that:

“The police are also directed to ensure that the petitioner is not threatened in any way and that there is peace in locality.”

Henceforth, with the above observation and directions, the instant writ petition application is disposed of.

There shall be no order as to costs.

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