Dipankar Nandy v. State Of West Bengal And ORS.

27.02.2023.

Court No.13 Item No. 11 ap W.P.A. No. 5647 of 2022 Sri Dipankar Nandy

Versus

The State of West Bengal & Ors.

Mr. Nilanjan Bhattacharya, Mr. Abhilash Chatterjee, Mr. Saikat Dey.

...For the petitioner.

Affidavit-of-service filed in Court today be taken on record.

The petitioner is aggrieved that warrant of arrest of the year 2019 issued by the Court of the Chief Judicial Magistrate, Howrah in Complaint Case No. 667 of 2017 (Dipankar Nandy - Vs. - Dilip Kumar Bhattacharya) has not been executed till date. A report of the Deputy Commissioner of Police (DD), Bidhannagar Police Commissionerate dated 25th February, 2023 has been filed before this Court. The same is taken on record.

It appears from the said report that Inspector-incharge, Bidhannagar Police Commissionerate (North) has not been served with any copy of any warrant of arrest. It further appears that the accused Dilip Bhattacharya is stated to be bed ridden and suffering from various ailments. This will not absolve the accused from causing appearance before the Court below.

Bidhannagar Police Commissionerate (North) shall submit a detailed report before the Court of the Chief Judicial Magistrate, Howrah in connection with Complaint Case No. 667 of 2017, on March 6, 2023. The matter shall be taken up on put up basis by the concerned learned Chief Judicial Magistrate, Howrah and appropriate steps may be taken in this regard. With the aforesaid observations, the instant writ petition shall stand disposed of.

There will be no order as to costs.

The petitioner shall serve a copy of this order on the private respondent immediately.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)