Sadhebala Mondal @ Sadhona Mondal v. The State Of West Bengal And ORS.

D/L 284 15.07.2025 Bpg.

ct.no.35 W.P.A.2958 of 2025 Sadhebala Mondal @ Sadhona Mondal

Versus

State of West Bengal & Ors.

Mr. Mohinoor Rahaman Ms. Maria Rahaman.

...for the petitioner.

Ms. Jhuma Chakraborty Ms. Munmun Tewary.

...for the State-respondents.

Petitioner was aggrieved by the fact that the information which was transcribed by a different person was taken into account by the police authorities and the information which was submitted by the petitioner was not taken into account. I find that the information which was drafted by a scribe was dated 18th January, 2025. In the alternative, the communication which was made by the present petitioner was of 23rd January, 2025. Since the police authorities at the first instance initiated the case on 18th January, 2025 being Hasnabad P.S. Case No.30 of 2025, the prompt action taken by the police authorities cannot be diluted by a subsequent information being furnished by the complainant. However, it is also fact that the complainant/informant cannot be kept outside the

purview of the investigation and any information subsequently furnished must be worked out by the investigating agency.

Accordingly, the communication which was sent on or about 23rd January, 2025 by the present petitioner/complainant/informant be treated to be in the nature of Section 180 of the BNSS, if required, police authorities would reduce the same into a form of a statement under the police Rules and Regulations. Police authorities would also work out regarding the fresh information so furnished before arriving at their conclusion in respect of the report to be submitted under Section 193 of the BNSS.

With the aforesaid observations, WPA 2958 of 2025 is disposed of.

Case diary be returned to the learned advocate appearing on behalf of the State.

There will be no order as to costs.

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

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

(Tirthankar Ghosh, J.)