Vivek Shaw v. State Of West Bengal And ORS.

D/L 199 01.05.2025 Bpg.

ct.no.35 W.P.A.8196 of 2025 Vivek Kumar Shaw

Versus

State of West Bengal & Ors.

Ms. Ayasha Najrin.

...for the petitioner.

Ms. Rupsha Chakraborty Ms. Mohuya Dutta Biswas.

...for the State-respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner is aggrieved by the fact that in spite of informing the police authorities although FIR has been registered being Baranagar Police Station Case No.62 of 2025 dated 08.03.2025 yet proper sections have not been incorporated and the same is for the reason of providing escape route to the accused persons.

As none appears on behalf of the State, Ms.

Rupsha Chakraborty, learned advocate, who ordinarily appears on behalf of the State, is directed to represent the State. Her appearance may be regularized by the concerned authorities.

Since the subject matter of the writ petition is intrinsically connected with the materials surfacing in course of the investigation, I am of the view that at

this stage, the Court will not interfere when the process of investigation is progressing. However, the concerned investigating officer before submitting the report under Section 193 of the BNSS would consult the Deputy Commissioner of Police-in-Charge of Baranagar Police Station of Barrackpore Police Commissionerate to endorse the same regarding the materials collected and the section so incorporated. At this stage, no interference is called for by this Court. However, the investigating officer will ensure the same at the time of submission of the report under Section 193 of the BNSS, as directed above. With the aforesaid observations, WPA 8196 of 2025 is disposed of.

There will 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.

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

(Tirthankar Ghosh, J.)