JUDGMENT Ashim Kumar Roy, J.: This writ application has been brought before this court alleging purported police inaction in connection with Titagarh P.S. Case No. 261/2011 under Sections 456/506//34 IPC by the defacto-complainant of the said case. The learned Counsel appearing on behalf of the petitioner submitted before this court that pursuant to an order passed under Section 156(3) of the Code of Criminal Procedure, the aforesaid case being Titagarh P.S. Case No. 261/2011 was registered and after conclusion of investigation, police has submitted final report vide Annexure ‘P-4’ to this writ petition before the Additional Chief Judicial Magistrate, Barrackpore, North – 24 Pgs. Aggrieved by submission of final report, the petitioner filed a naraji petition being Annexure ‘P-5’ to this writ petition and the learned court without accepting the final report directed the police to undertake further investigation. Pursuant to that order, investigation was again commenced and police once again submitted final report disclosing that during investigation they did not get anything against the accused persons showing their involvement in the commission of the offence. He contended that such final report was submitted by a perfunctory investigation and no importance was given to the statements of the witnesses and the conclusion arrived at by the Investigating Officer of the case is wholly against the materials gathered during the investigation. He then contended that this is a case of clear instance of police inaction and therefore, the intervention of this court is very much necessary for ends of justice. On the other hand, the learned Counsel for the State vehemently contended pursuant to the order passed by the court below police undertook investigation and concluded the same in accordance with law. Thereafter, they also undertook further investigation twice as directed by the court below and now during investigation having found no materials against the accused persons very right final report was submitted. Therefore, there cannot be any question of police inaction. Heard the learned Counsel appearing for the parties. Considered the respective submissions. Perused the materials on record. This is a case where police investigated the matter pursuant to an order passed under section 156(3) of the CrPC and after conclusion of the investigation submitted final report. Thereafter, on the basis of the naraji petition filed by the writ petitioner, the court passed an order for further investigation and then after such further investigation once again final report was filed.
Thereafter, on the basis of the naraji petition filed by the writ petitioner, the court passed an order for further investigation and then after such further investigation once again final report was filed. Therefore, this cannot be a case of police inaction as claimed by the writ petitioner because police neither disobeyed the court’s order nor failed to perform its statutory duties. Furthermore, if the writ petitioner is aggrieved by the submission of the further investigation his remedy lies before the court below in which such final report has been filed not by approaching this High Court invoking its writ jurisdiction. Having regard to the facts, the petitioner has adequate, alternative and equally efficacious remedy, this writ application is not maintainable. This writ application has no merit and the same is dismissed and disposed of4