Saha Alam Khan Also Known As Sahalam Khan v. State Of West Bengal And ORS.

M/L 474 10.12.2024 Bpg.

ct.no.35 W.P.A.3037 of 2024 With CAN 1 of 2024 Saha Alam Khan also known as Sahalam Khan

Versus

The State of West Bengal & Ors.

Mr. Sankar Paul Mr. Imtiaz Ahmad Mr. Goutam Malik Ms. Kumariu Shipra Roy.

...for the petitioner.

Mr. Rajarshi Basu Mr. Ananda Dulal Sarkar.

...for the State-respondents.

Mr. Debasish Das Mr. Tarasankar Samanta.

...for the applicant in CAN 1 of 2024.

Affidavit of service and supplementary affidavit filed by the petitioner be kept with the record.

Petitioner is aggrieved for non-compliance of an order in a proceeding under Section 144(2) of the Code of Criminal Procedure.

A supplementary affidavit has been filed which reflects that Bagnan P.S. Case No.70 dated 08.02.2024 has been registered for investigation. Be that as it may, it is not the duty of the High Court to ensure any order passed by the learned

Executive Magistrate to be implemented. If a court passes an order it is the duty of that court to ensure that its order is implemented.

In view of the FIR having been registered, police authorities will take the investigation to its logical conclusion.

Learned advocate appearing for the applicant in CAN 1 of 2024 submits that the outcome of the writ petition may have a bearing on the applicant. Accordingly, CAN 1 of 2024 is allowed.

Consequently, WPA 3037 of 2024 is disposed of.

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.)