Jagadish Basak v. State Of West Bengal And ORS.

16.04.2021 Ct. 7 D/L 8 ab WPA 6480 of 2021 (Via Video Conference) Sri Jagadish Basak -VsThe State of West Bengal & Ors.

Mr. Amitabha Ghosh, ... for the petitioner Ms. Chama Mukherjee, Mr. Siraj Goopth, ... for the State Mr. Pradyat Saha, ... for the private respondent Nos. 6 & 7 The petitioner alleges that the private respondent No. 6 herein assaulted the petitioner and threatened him with dire consequences. The petitioner claims to have lodged a complaint before the Officer-in-Charge, Lake Police Station on February 24, 2021.

The grievance of the petitioner is that in spite of the fact that the petitioner has lodged a complaint before the police authorities, but no steps have been taken on the basis of such complaint.

Mr. Saha, learned advocate appearing for the private respondent Nos. 6 and 7 through virtual mode submits that the disputes between the petitioner and the private respondents are civil in nature and as such, this Court should not entertain the instant writ petition. Ms. Mukherjee, learned advocate appearing for the State respondents through virtual mode submits that on the basis of the complaint made by the petitioner, an FIR has been registered, giving rise to

Lake Police Station Case No. 57 of 2021 dated March 4, 2021 under Sections 341/323/506/114 of the Indian Penal Code. Ms. Mukherjee further submits that the investigation in connection with the said case is going on. Statements of the witnesses under Section 161 of the Code of Criminal Procedure were recorded. Notices under Section 41A of the Code of Criminal Procedure were also issued upon the FIR named accused persons, i.e. the respondent Nos. 6 and 7 herein.

After hearing the learned advocates for the respective parties and perusing the materials on record, this Court is of the view that the police authorities have taken steps on the basis of the complaint made by the petitioner.

The investigating authorities are directed to conclude the investigation as expeditiously as possible. WPA 6480 of 2021 accordingly stands disposed of without, however, any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities.

( Hiranmay Bhattacharyya, J.)