Shaik Abdul Kajid v. State Of West Bengal & ORS

AD. 40.

March 10, 2021.

MNS.

W. P. A. 5017 of 2020 with CAN 1 of 2020 (CAN 3702 of 2020) (Via video conference) Shaik Abdul Kajid Vs.

State of West Bengal and others Mr. Falguni Bandopadhyay, Mr. Manas Ghosh ... for the petitioner.

Mr. Pantu Deb Roy, Mr. Subrata Guha Biswas ...for the respondent-authorities.

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

Despite service, none appears on behalf of the private respondents.

The grievance of the petitioner is that, despite the private respondents having allegedly set fire to the petitioner's property and damaged the petitioner's property, several attempts of the petitioner to lodge complaints with the police authorities were refused by the police.

However, it is submitted that, subsequent to the filing of the writ petition, the police

registered complaints but are not investigating into the matter properly.

Learned counsel appearing for the respondent-authorities submits a detailed report on the steps taken by the police upon the complaints lodged by the petitioner. It appears that the petitioner had lodged several complaints, on the basis of one of which the accused persons surrendered and obtained bail from the competent court. It is further submitted that a charge sheet has already been filed in connection with the said case, being Swarupnagar P.S. C.S. No. 56 of 2018.

Regarding the other complaints, it is submitted by the respondent-authorities that the police are undertaking appropriate investigation upon registering police station cases on those. It appears from the report filed today, which may be kept on record, that the police have already taken substantial steps on the complaints of the petitioner. However, it is desirable that the pending investigation on the remaining complaints, than the one in which charge sheet has already been filed, ought to be expedited by the police for the ends of justice.

Accordingly, W. P. A. 5017 of 2020 is disposed of by directing respondent no. 3 to expedite the investigation into the complaints of the petitioner and bring those to their logical culmination at the earliest. In the event the petitioner has any grievance regarding the provisions of law on which the charge sheet was filed, the petitioner will be at liberty to approach the competent Magistrate with such grievance. If so approached, the Magistrate will decide on such question independently in accordance with law without being prejudiced by any of the observations made in this order.

In view of the disposal of the writ petition, the connected application, being CAN 1 of 2020 (CAN 3702 of 2020) is also disposed of.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)