Sarama Maity v. State Of West Bengal And ORS.

18.06.2024 d.p.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side W.P.A. 6095 of 2024 Sarama Maity -versus The State of West Bengal & Ors.

Ms. Pampa Dey Dhabal, Ms. Sangita Banerjee.

...For the Petitioner.

Mr. Jayanta Samanta, Ms. Indumouli Banerjee.

...For the State.

The petitioner alleges that the complaint lodged before the Bagnan Police Station in January 2024 followed up by a further complaint in February 2024 has not been acted upon by the police till date. Learned advocate appearing on behalf of the State respondents relies upon instruction forwarded by the Inspector-in-Charge, Bagnan Police Station signed on 7th March, 2024 that on receipt and enquiry of the aforesaid complaints Bagnan Police Station initiated Case No.134 of 2024 dated 6th March, 2024 under Sections 341/323/506/34 IPC. The investigation of the case is proceeding.

It appears that complaint was lodged by the petitioner initially on 24th January, 2024. The police ought to have taken proper steps immediately on receipt of the complaint. FIR was registered only on 6th

March, 2024. The police ought not to have delayed in registering the FIR.

Since it has been submitted that the investigation of the case is proceeding, accordingly, the police is directed to continue and conclude the investigation in accordance with law, at the earliest.

The police, however, shall keep strict vigil to ensure that the life and property of the petitioner is not endangered at the hand of the private respondent in any manner whatsoever.

It will be open for the petitioner to approach the competent civil forum for relief, if so advised. The writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)