Sambhu Bouri v. State Of West Bengal And ORS.

D/L16 21.02.2025 Bpg.

ct.no.35 W.P.A.3161 of 2025 Sambhu Bouri

Versus

The State of West Bengal & Ors.

Mr. Abhishek Halder Mr. Swadesh Misra Ms. Madhurima Basu.

...for the petitioner.

Mr. Vimal Kumar Shahi Ms. Rupsha Chakraborty.

...for the State-respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner approached this Court contending that the second FIR on the selfsame subject matter is liable to be quashed. To that extent, learned advocate drew the attention of the Court to Salanpur P.S. Case No.137 of 2023 dated 01.09.2023 and Asansol Women P.S. Case No.63 of 2024 dated 10.07.2024. Learned advocate submits that it is settled proposition of law that in respect of the same transaction on the selfsame set of allegations in view of the law laid down by the Hon'ble Apex Court, the second FIR is liable to be quashed.

State has submitted two reports, one prepared by the Officer-in-Charge, Asansol Women

Police Station and the other prepared by Inspector-inCharge, Salanpur Police Station. I find that charge-sheet has been submitted in connection with both the cases.

Having considered that the police authorities have already filed charge-sheet, the issue relating to FIR at this stage cannot be considered since the learned courts in seisin of the respective cases have presumably taken cognizance of the offences are concerned.

Accordingly, the petitioner is at liberty to canvass such issues at the stage of consideration of charges after receipt of the documents relied upon by the prosecution relating to the test of sameness associated with the two cases.

With the aforesaid observations, WPA 3161 of 2025 is disposed of.

There will be no order as to costs.

Reports submitted by the State be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. 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.)