M/S. Klystron Electronics Private Limited v. State of West Bengal
Case brief
What is this about?
Klystron Electronics Pvt. Ltd. v. State of West Bengal; CRR 1052 of 2022; theft of electric transformer parts, wires, cables at WEBEL project site; general diary G.D.E no. 882 dated 28.12.2019; refusal to register FIR; Section 156(3) CrPC application; conversion into complaint under Section 200 CrPC; cognizance on complaint against unknown persons; Magistrate cannot treat 156(3) petition as complaint; Magistrate's power to direct investigation where FIR refused or investigation not conducted; judicial mind required; impugned order dated 10.12.2021 quashed; direction to Ramnagar Police Station, South 24 Parganas to investigate treating petition of complaint dated 30.03.2022 as FIR; Judicial Magistrate 3rd Court Diamond Harbour; report of Inspector-in-charge dated 29.08.2024; decided 17.3.2025 by Dr. Ajoy Kumar Mukherjee, J.
What did the court decide?
CRR 1052 of 2022 allowed; the impugned order dated 10.12.2021 quashed to the extent it took cognizance of the offence; the concerned Magistrate directed to ask the Inspector-in-charge, Ramnagar Police Station, South 24 Parganas to start investigation by treating the petition of complaint filed on 30th March, 2022 as FIR and to submit a report before the court below within a reasonable period.