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Calcutta High CourtWPA/5763/2020disposed

Kaushik Adhikary In Re Utp 3703/Wo & 3704/Wo v.

2021-01-18Honble Chief Justice Thottathil B. Radhakrishnan,Hon'Ble Justice Subhasis Dasgupta2 pages

(Via Video Conference) 18.01.2021 D/L-12, Ct-1 (AD/CHC) WPA 5763 of 2020 In Re: Kaushik Adhikary UTP 3703/wo & 3704/wo Mr. Saibal Bapuli Mr. Bibaswan Bhattacharya ... for the State.

This writ petition was filed from the Correctional Home.

It would suffice at this point of time that we reiterate the order minuted by the Division Bench on 24.12.2020 which ended up noticing that nothing remains for further consideration. That order reads as follows:

"The State hands over a report dated December 24, 2020 prepared by the Officer-inCharge of Bantra Police Station, Howrah. The habeas corpus petition has been filed by the son of the allegedly missing person from the Presidency Correctional Home. According to the report, Smt. Gopa Adhikary, the mother of the petitioner, is now living at 37/1/1, Chatterjee Para Lane, Bantra. It appears that the lady made a written submission to the effect that her son, the petitioner herein, and her daughter-in-law had been arrested in connection with Bantra Police Station Case No.236/2015 dated July 21, 2015

under Sections 304/34 of the Indian Penal Code. The State should forward a copy of the report to the petitioner herein at the appropriate correctional home.

Though nothing remains of the matter pursuant to the report and it being evident that the lady has been traced out, the matter will appear a fortnight after the vacation for the petitioner to be represented, if the petitioner so desires."

Today, we have also before us the report through the learned Prosecutor that the petitioner was served with a copy of the report.

In the aforesaid view of the mater, we see no need to further keep this matter pending. Hence, this writ petition is disposed of without prejudice to the proceedings in appropriate jurisdiction in accordance with law.

Let the report be made part of the record.

(Thottathil B. Radhakrishnan, CJ.) (Subhasis Dasgupta, J.)