SANJAY GUPTA vs ASHOK KUMAR SONTHOLIA - 2024-01-02

O R D E R

Leave granted .

2. Heard Mr. Sanjay Hegde, learned Senior counsel appearing for th e appellant. Also Heard Mr. Siddharth Bhatnagar, learned Senior Counse l appearing for the respondent No.1 and Mr. Sunil Fernandes appearing o n behalf of State of West Bengal – respondent No.2 .

3. On 17.04.2023, this court passed the following order: - “One of the issue to be considered in this case i s whether the High Court was correct in understanding tha t the purported order dated 22.01.2015 of the learned ACJM , Asansol was without the endorsement of the Magistrate .

In the counter affidavit filed on behalf of the State o f West Bengal (respondent No. 2), a specific averment i s raised to the following effect :

“5. In furtherance thereof, the answerin g respondent has verified the said order and obtaine d a certified copy of the said order from th e concerned court, which substantiates that the FI R was registered by the concerned police station o n the basis of the order passed by the Ld. ACJM , Asansol. The certified copy in original shall b e placed before this Hon’ble Court during the cours e of hearing, whereas a copy of the said order passe d by the Ld. Additional Chief Judicial Magistrate , Asansol in Serial No. 49/2015 is herein annexed an d marked as ANNEXURE R-2/1. ”

The above would show that the FIR came to be registere d only on the basis of an order passed by the learned ACJM , Asansol. But this is contested by the learned counsel fo r the other side .

To clarify the confusion on the impugned understanding o f the High Court and the contrary view projected in th e counter affidavit of the State of West Bengal purportedl y on the basis of the examination of records in th e Magistrate’s court, we deem it appropriate to call for a report from the District Judge, District Paschim Bardhaman , West Bengal clarifying whether the Magistrate had passed a n order on 22.01.2015 with his signature, to register a FI R and to start investigation, on the basis of the complain t lodged by the petitioner Sanjay Gupta .

The above report be furnished within four weeks fro m today and the case be listed after receipt of the report. ”

4. Since then the report is received from the learned Distric t Judge, Paschim Bardhaman, West Bengal enclosing the Order Sheet o f the proceedings of the ACJM, Asansol. The proceeding date d

22.01.2015 reads as under: - “Complainant namely Sanjay Gupta files a petition agains t accused namely Ashok Kumar Sontholia with a prayer fo r investigation U/s-406/420/467/468/471 of I.P.C .

Hd. Considered .

Allegation made needs to be investigated .

Let the ptn. of complaint be sent to the O/C Jamuria P.S. fo r investigation U/s 156(3) CrP.C. with a direction to treat th e same as FIR and start investigation in accordance with law. ”

5. The above would indicate that the learned Magistrate considered th e complaint of the informant and ordered the same to be forwarded to th e O/C Jamuria Police Station for investigation under Section 156(3) of th e CrPC and to treat the same as FIR and to commence investigation i n accordance with law .

6. The only basis for the impugned order of the High Court to quas h the proceedings was that the FIR was registered under Section 156(3) o f the CrPC, without any endorsement of the learned Magistrate. This i s found to be factually incorrect .

7. After considering the material on record and the submission of th e learned counsel for the parties, we deem it appropriate to set aside th e order dated 01.11.2017 in the CRR No.716 of 2015. The appeal is allowe d accordingly. Resultantly, the police is required to take th e investigation to its logical conclusion. As the complaint is pendin g since 2015, investigation be concluded without any unnecessary delay .

8. Pending application(s), if any, stand closed .

.....................J .

[HRISHIKESH ROY ]

.....................J . [PRASHANT KUMAR MISHRA ]

NEW DELH I JANUARY 02, 202 4 ITEM NO.54 COURT NO.6 SECTION II- B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDING S Petition(s) for Special Leave to Appeal (Crl.) No(s).8807/201 7 (Arising out of impugned final judgment and order dated 01-11-2017 i n CRR No. 716/2015 passed by the High Court At Calcutta )

SANJAY GUPTA Petitioner(s )

VERSU S ASHOK KUMAR SONTHOLIA & ANR. Respondent(s )

(report has been received .

IA No. 71494/2018 - PERMISSION TO FILE ADDITIONA L DOCUMENTS/FACTS/ANNEXURES )

Date : 02-01-2024 This matter was called on for hearing today .

CORAM : HON'BLE MR. JUSTICE HRISHIKESH RO Y HON'BLE MR. JUSTICE PRASHANT KUMAR MISHR A For Petitioner(s) Mr. Sanjay R. Hegde, Sr. Adv .

Mr. Azim H. Laskar, Adv .

Mr. Bikas Kar Gupta, Adv .

Ms. Debarati Sadhu, Adv .

Mr. J. P. Agarwal, Adv .

Mr. Chandra Bhushan Prasad, AO R Mr. S.K. Biswal, Adv .

For Respondent(s) Mr. Siddharth Bhatnagar, Sr. Adv .

Mr. Nikhil Rohatgi, Adv .

Mr. Shashank Khurana, Adv .

Ms. Ranjeeta Rohatgi, AO R Mr. Sunil Fernandes, Adv . Mr. Sanjeev Kaushik, Adv .

Ms. Priyansha Sharma, Adv .

Ms. Diksha Dadu, Adv .

Ms. Muskan Surana, Adv .

Ms. Astha Sharma, AO R UPON hearing the counsel the Court made the followin g

O R D E R

Leave granted .

The appeal is allowed in terms of the signed order .

Pending application(s), if any, stand closed .

(DEEPAK JOSHI) (KAMLESH RAWAT )

COURT MASTER (SH) ASSISTANT REGISTRA R (Signed Order is placed on the File )