Tapas Das v. State Of West Bengal And ORS.

23-06-2021 ct no. 13 Sl.13 sp WPA 8436 of 2021 Tapas Das -VersusState of West Bengal & Ors.

(Through Video Conference) Ms. Sreeparna Das, Ms. Aafreen Perveen ....for the petitioner Mr. Amitesh Banerjee, Sr. Standing Counsel, Mr. Tarak Karan ....for the State It is submitted by the counsel for the petitioner that despite the death of the victim having occurred in the middle of December, 2020, the FIR was registered on January 14, 2021. It is further submitted that apart from recording 161 statement of the complainant, the 164 statement of the complainant has not been recorded.

It further appears from the submission of the learned counsel for the State that the deceased Ripon Das is stated to have had an affair with the wife of the first accused Arun Halder. The complainant alleges that the victim was harmed by the said Arun Halder.

This Court cannot entertain the allegations of the petitioner against any person

unless a proper investigation is conducted and completed by the I/O, Bongaon GRPS. The progress of the investigation as submitted in the status report dated June 9, 2021 by the Officerin-Charge, Bongaon GRPS is not satisfactory. In those circumstances, this Court directs the Officer-in-Charge, Bongaon GRPS as also the I/O, Bongaon GRPS in the matter to complete the investigation mandatorily and positively within a period of one month from date. Copy of the final report shall be made available to the counsel for the petitioner.

The petitioner shall be entitled to take any objection/naraji to such report in accordance with law.

With the aforesaid observations, the instant writ petition is disposed of.

There shall be no order as to costs.

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

(Rajasekhar Mantha, J.)