Md. Israil v. The State Of West Bengal And ORS.

W.P.A. 3056 of 2025 Md. Israil.

VS The State of West Bengal & Ors.

Mr. Ibrahim Seikh, Mr. Subrata Mukherjee, Ms. Benajir Seikh.

... for the Petitioner.

Mr. Jayanta Samanta, Jr. Govt. Adv., Ms. Paromita Malakar (Dutta).

... for the State.

Affidavit-of-service filed by the petitioner be kept 20.02.2025 Court No. 35 Item No.79 Rakib with the record.

Petitioner is aggrieved by the progress of the investigation in connection with Lalgola Police Station case no. 1024/24 dated 12.10.2024. Learned advocate for the petitioner submits that inspite of the case being registered, police authorities have lacked efforts to investigate the case in a proper manner which has compelled the petitioner to approach this Court in respect of the murder of his son in a designed manner by a group of persons.

State has submitted a report which reflects that materials were collected by the investigating agency and initially although the case was registered under different sections of law but subsequently case relating to homicide has been added. On conclusion of investigation chargesheet has been submitted before the jurisdictional Court and one accused/lady has been arrested. Report reflects

that she is still in custody. Warrant of arrest has been issued against the absconding accused persons. In view of the investigation having arrived at a conclusion, if the petitioner is aggrieved regarding the investigation he would prefer an application under Section 193(9) of the BNSS. Learned Magistrate will consider the grievance of the petitioner and take steps in accordance with law.

Additionally, it is directed that in case such an application is filed learned Magistrate would try to dispose of the same within a period of 45 days from filing of the application. So far as the execution of processes in respect of absconding accused persons are concerned, police authorities are directed to submit their prayers in accordance with law from time to time so that none of the accused persons escape the clutches of law.

With the aforesaid observations WPA 3056 of 2025 is disposed of.

Report submitted by the State be kept with the record.

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

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.)