Tapas Kumar Dey v. State Of West Bengal And ORS.

15-05-2023 ct no. 13 sl. 28 sp WPA 8870 of 2023 Tapas Kumar Dey -VersusThe State of West Bengal & Ors.

Mrs. Shaila Afrin, Mr. Rudra Prasad Sinha, Ms. Rafat Jahan, Ms. Jayita Banerjee ...for the petitioner Mr. Amitesh Banerjee, ld. Sr. St. Counsel, Ms. Ipsita Banerjee ...for the State 1.

The petitioner complains of alleged inaction on the part of the Noapara Police Station in respect of a complaint dated January 8, 2022. 2.

Mr. Amitesh Banerjee, learned Senior Counsel appearing for the police submits that the order of the ACJM, Barrackpore passed on May 5, 2022 directed the GRO of the Court to transfer the records to the Phoolbagan Police Station. The GRO attached to the ACJM, Barrackpore did not do so. The matter has been pending for a year.

3.

A year later, the application was made by the GRO for a direction upon the Noapara PS to transfer the records to the Phoolbagan Police Station.

The ACJM, on May 6, 2023, notwithstanding the earlier order dated

05.05.2022, directed the Noapara Police Station to transfer the records to the Phoolbagan Police Station after recording a zero FIR.

4.

This Court is surprised, as has been fairly conceded by the learned counsel for the State, that the ACJM, Barrackpore has completely ignored to notice an order passed by him, a year ago where he already directed such transfer. As to why a fresh order was passed on 06.05.2023 now on the police in the same matter remains suspicious and unexplained.

5.

The District Judge, North 24 Parganas shall cause an enquiry into the matter and submit a report to this effect before the Registrar General of this Court.

6.

Let a copy of this order be sent to the Registrar General as well as the District Judge, North 24 Parganas by registry.

7.

The Registrar General shall ensure appropriate accountability under the rules, if any omission or commission is found.

8.

In the meantime, the Phoolbagan Police Station shall commence investigation and try to complete the same as expeditiously as

possible preferably within a period of 2 months from date.

9.

With the aforesaid observations, the instant writ petition shall stand disposed of.

10.

There shall be no order as to costs.

11.

The report of the Noapara Police Station dated 10.05.2023 is kept with the record.

12.

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

(Rajasekhar Mantha, J.)