Goutam Mondal v. The State Of West Bengal And ORS.

17.01.2025 W.P.A. 180 of 2025 Item No.27 Ct. No.35 dc.

Goutam Mondal versus The State of West Bengal & Ors.

Mr. Atis Kumar Biswas, Mrs. Jyoti Agarwal ... For the Petitioner.

Mr. Vimal Kumar Shahi, AGP, Mrs. Tuli Sinha ... For the State.

Mr. Manas Kumar Das, Mr. Asrat Mandal, Mr. Tushar Sil, Mr. Tanbir Mandal ... For the Respondent No.8.

Report submitted by the learned advocate appearing for the State be kept with the record. The petitioner is aggrieved by the fact that the statement of the child under Section 183 of the BNSS has not been recorded by the investigating agency.

State has submitted a report which reflects that such a prayer was advanced before the learned jurisdictional court. However, since the learned Judicial Magistrate was absent on two occasions i.e. on 06.01.2025 and 15.01.2025, such statement could not be recorded as the same is beyond the control of the investigating agency. The next has been fixed by the learned Judicial Magistrate on 21.01.2025.

Mr. Das, learned advocate appearing for the respondent no.8 submits that the respondent no.8 has already been granted anticipatory bail.

In view of the anxiety expressed by Mr.

Biswas, learned advocate appearing for the petitioner and the report submitted on behalf of the State, I direct that the learned Judicial Magistrate would put in efforts so that recording of the statement of the child can be completed on 21.01.2025 itself.

The petitioner undertakes that the child will be available before the court on 21.01.2025.

In case any seizure list or other documents which the petitioner is entitled under the law to receive, but has not received, the petitioner will make an application before the investigating officer which the investigating officer would hand over on such application being made, provided in course of investigation, the petitioner is entitled to such documents.

With the aforesaid observations, the writ petition being WPA 180 of 2025 is disposed of. There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)