Avijit Bhattacharjee v. The State Of West Bengal And ORS.

S/L 6 27.06.2022 Court. No. 19 GB WPA 8545 of 2022 Avijit Bhattacharjee VS The State of West Bengal & Ors.

Mr. Aniruddha Biswas, Ms. Madhushri Dutta.

... for the Petitioner.

Mr. Amal Kumar Sen.

Ms. Ashima Das (Sil).

... for the State.

Affidavit-of-service filed in Court today, be kept with the record.

The petitioner alleges that the investigation by the Raiganj Women Police Station was not properly done. The allegation is that, the police authorities did not seize the CCTV footages, which had been installed in the place of occurrence. Further allegation is that the charge-sheet is biased and based on no evidence at all.

Mr. Sen, learned advocate appearing on behalf of the police authorities submits that the investigation was concluded and charge-sheet was filed on November 25, 2021 under Sections 498A/307/406/34 of the Indian Penal Code, read with Sections 3 and 4 of the Dowry Prohibition Act. The petitioner did not co-operate with the investigation. The fact of installation of the CCTV at the place of occurrence was not informed to the police.

As the investigation has been completed, the remedy of the petitioner will be before the learned Chief Judicial Magistrate, Raiganj under Section 173(8) of the Code of

Criminal Procedure. It is submitted that trial has not commenced.

As no affidavits have been called for, the allegation against the respondents are deemed to be denied. Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)