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Calcutta High CourtWPA/3045/2025disposed

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

2025-02-20Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 77 20.02.2025 Kausik ct.no.35 W.P.A. 3045 of 2025 Salauddin Mondal

Versus

The State of West Bengal & Ors.

Mr. Debabrata Sardar Ms. Mrinal Kanti Maity ...for the petitioner.

Mr. Rajarshi Basu Mr. K.M. Hossain ...for the state.

On the basis of an application under section 175(3) of the BNSS, Falta PS Case No. 306 of 2024 was registered for investigation.

Petitioner is aggrieved that although the case has been registered, there has been no progress in the investigation and as such the case must be transferred to a specialized agency.

State has submitted a report. Report reflects that the Investigating Officer of the case has recorded statement under section 180 of the BNSS of the petitioner and the witnesses concerned and also recorded the statement under section 183 of the BNSS before the Judicial Magistrate. Necessary notices were served under the relevant provisions of law. Medical documents were sought for from the

concerned persons as also the nursing home authorities.

Having regard to the nature of the case which has been registered and the steps so taken by the police authorities, I do not find that there is any scope for interference in connection with the investigation at this stage which commenced on 06.11.2024.

Petitioner is granted liberty to approach the learned Judicial Magistrate already in seisin of the case after 45 days praying for progress of the investigation.

Learned Magistrate would consider the prayer and reflect an outline in his order regarding the steps taken by the Investigating Agency.

With the aforesaid observations WPA 3045 of 2025 is disposed of.

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

(Tirthankar Ghosh, J.)