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Calcutta High CourtWPA/8690/2024disposed

Md. Shakil Ahmed v. State Of West Bengal And ORS.

2024-04-01Hon'Ble Justice Jay Sengupta2 pages

01.04.2024 WPA 8690 of 2024 Md. Shakil Ahmed -vsThe State of W. B. & ors.

Mr. Anindya Bose Mr. Santanu Maji ....for the petitioner Mr. Jayanta Samanta, Jr. Govt. Adv.

Mr. Pinaki Ranjan Mitra ....for the State Affidavit of service filed on behalf of the petitioner is ssi Ct 14 taken on record.

Report filed on behalf of the State is also taken on record.

Copy of the same is handed over to the learned counsel for the petitioner.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the defacto complainant of Park Street PS Case No. 44 dated 07.03.2024 under Sections 341, 323, 304 and 114 of the Penal Code. He is also the son of the victim deceased and an eye-witness. In spite of being eye-witness, no statement of the petitioner has been recorded under Section 164 of the Code. Even the accused has not been arrested yet. The petitioner is receiving threat calls from the associates of the accused.

Learned counsel appearing on behalf of the State relies

on the report and submits that investigation is going on. Attempts are being made to arrest the accused. In view of the above, let the Investigating Agency take steps to have the statement of the petitioner recorded under Section 164 of the Code and conclude the investigation as expeditiously as possible.

The police shall also keep a sharp vigil at the locale where the petitioner is residing and ensure that no breach of peace takes place.

With these observations, the writ petition is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)