Afruja Bibi v. State Of West Bengal & ORS

09.11.2022 Court No.13 Item No.25 AP WPA 2390 of 2020 Afruja Bibi Vs.

The State of West Bengal & Ors.

Mr. Debashis Banerjee ... For the Petitioner.

Mr. Amitesh Banerjee Mr. Joydip Banerjee ... For the State.

Affidavit of service filed in Court today is taken on record.

The petitioner is aggrieved by the fact that investigation into the Ramnagar Police Station Case No.17/19 dated 4th February 2019 under Sections 376D/354/325/120B of the IPC is not being carried out.

The Ramnagar Police has filed a very detailed and comprehensive report. The investigation has progressed substantially. But sadly charge sheet has not yet been filed on the ground that some of the FIR named accused persons are absconding. In fact, it appears that three FIR named accused persons are on bail.

It is submitted by the learned counsel for the State that there is a long standing family dispute between the victim and the private respondents. As many as 19 cases have been registered by the

Ramnagar Police by the petitioner and the private respondents against one another.

Be that as it may, this Court is anguished that the charge sheet has not been filed till date. It is ordered that the charge sheet should be filed mandatorily and positively within a period of three weeks from date.

The trial shall commence immediately thereafter.

In the event it is found that the accused persons, who are on bail, have violated any of its terms and conditions, the State may apply for cancellation of their bail immediately.

The charge sheet shall be made available to the victim and the accused persons immediately after the same is filed.

With the aforesaid directions, the writ petition is disposed of.

There shall 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.

(Rajasekhar Mantha, J.)