Anukul Chandra Das v. The State Of West Bengal And ORS.

W.P.A. 8363 of 2025 Anukul Chandra Das VS The State of West Bengal & Ors.

Mr. Bidhayak Lahiri.

... for the Petitioner.

Mr. Ashim Kumar Ganguly, Mr. Bellal Shaikh.

...for State.

Affidavit-of-service filed by the petitioner be kept 05.05.2025 Court No. 35 Item No.6 Rakib with the record.

Petitioner is aggrieved by the fact that inspite of his son being assaulted at the behest of the accused persons named in the letter of complaint addressed to the police authorities, particularly the ex-pradhan and his associates, police authorities did not take any effective steps against the accused persons.

State has submitted a report. Report reflects that Gosaba Police Station case no. 81/24 dated 14.04.2024 was registered for investigation against 16 accused persons. On completion of investigation charge-sheet has been submitted against 13 FIR named accused persons and three accused persons were not charge-sheeted due to lack of direct and substantial evidence against them. Since, three accused persons have been discharged it would be onus of the police authorities to notify the de facto complainant so that he can ventilate his grievance before the jurisdictional Magistrate under

Section 173(8) of the Cr.P.C. Petitioner has approached this Court praying for effective and proper investigation. Since the investigation has been concluded, I am of the view that petitioner should address his grievance before the Jurisdictional Magistrate in accordance with the provisions as state above, learned Magistrate would, if such an application is filed dispose of the same within a period of 60 days from date of filing of such application. With the aforesaid observations WPA 8363 of 2025 is disposed of.

Report so submitted by the State be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner.

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.)