Sk Md Abdur Rahaman v. State Of West Bengal And ORS.

21.02.2025 W.P.A. 3218 of 2025 Item No.24 Ct. No.35 dc.

Sk. Md. Abdur Rahaman versus The State of West Bengal & Ors.

Mr. Atarup Banerjee, Mr. Rajdeep Pramanik ... For the Petitioner.

Mr. Swapan Banerjee, AGP, Mr. Diptendu Narayan Banerjee ... For the State. Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The petitioner is aggrieved by the fact that in spite of direction passed by this Court when the petitioner came out from the police station, he was severely assaulted at the behest of the accused persons against whom Mandarmoni Coastal Police Station Case No. 30/2025 dated 14.02.2025 has been registered for investigation. The petitioner has also prayed for the CCTV footage for assessing in respect of the incident complained of. The grievance of the petitioner is that the principal accused is evading the process of law and the police authorities are hand in gloves with the accused persons.

Mr. Banerjee, learned AGP appearing for the State has submitted a report.

I have considered the report so submitted and I find that so far as the CCTV footage issue is

concerned, the same as has been reflected was out of order due to system malfunctioning. So far as the other issues are concerned, statements have been recorded and two of the accused persons were arrested. Some of the other accused persons have prayed for anticipatory bail.

Be that as it may, since the grievance of the petitioner relates to the investigation being done in a partition manner, I direct that the SDPO/Addl. S.P. in-charge of Mandarmoni Coastal Police Station will monitor the case and ensure that the petitioner gets a free, fair and impartial investigation which he is entitled to get in law. So far as the other remedies are concerned, the petitioner would approach the jurisdictional court at the appropriate stage of the proceedings. With the aforesaid observations, the writ petition being WPA 3218 of 2025 is disposed of. There will be no order as to costs.

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.)