Anindita Dhar v. The State Of West Bengal And ORS.

17.04.2025 W.P.A. 7316 of 2025 Item No.38 Ct. No.35 dc.

Anindita Dhar versus The State of West Bengal & Ors.

Ms. Ankita Singh, Mr. Prabhat Srivastava, Mr. Shuvajit Roy ... For the Petitioner.

Mr. K. J. Yusuf, AGP, Mr. Parikshit Goswami ... For the State.

Ms. Sananda Bhattacharyya, Mr. Anubrata Dutta, Ms. Rima Mondal ... For the Respondent Nos.5 to 7.

Report submitted by the learned advocate appearing for the State be kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner.

The petitioner has approached this Court as in spite of information furnished with Ghola Police Station on 21.03.2025, no steps were taken by the police authorities.

State has submitted a report which reflects that Ghola Police Station Case No. 140/2025 dated 03.04.2025 was registered for investigation under Sections 85/115(2)/351(2)/3(5) of BNS. Police authorities have issued notice upon the de facto complainant.

The de facto complainant/petitioner is directed to cooperate with the investigating agency for supply of necessary documents and/or other statements which are required for progress of investigation of the case.

Learned advocate appearing for the private respondent nos. 5 to 7 submits that some of the private respondents have been unnecessarily implicated.

Be that as it may, at this stage it is not possible for the Court to assess regarding the complicity of each and every private respondent as an accused or not in connection with a criminal case which has been registered. Similarly, it is not possible for the Court until and unless substantial material surfaces as to whether appropriate sections have been incorporated. Police authorities would be at liberty to exercise their discretion at the appropriate stage of the investigation both in respect of addition of sections as also in respect of the culpability involved in respect of each and every accused person.

Since a case has been registered and the purpose for which the petitioner has approached this Court has been sub-served, I am of the view that further pendency of the writ petition is unwarranted.

Accordingly, the writ petition being WPA 7316 of 2025 is disposed of.

There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)