Kalpana Bose v. State Of West Bengal And ORS.

02.12.2022 Court No.13 Item No.500 AP WPA 10318 of 2021 With IA NO: CAN 1 of 2021 (Not found in the File) Kalpana Bose Vs.

The State of West Bengal & Ors.

Mr. Soham De Dhara ... For the Petitioner.

Mr. Sirsanya Bandopadhyay Mr. Arka Kumar Nag ... For the State.

The writ petitioner complains of investigation into Dum Dum Police Station Case No.210 of 2021 under Sections 417/376 of the Indian Penal Code.

It is submitted that it was initially stated before this Court that the petitioner's statement under Section 164 of the Cr.P.C. was not recorded. This was erroneous and such statement was, in fact, recorded.

Counsel for the State submits that the accused persons are absconding and steps have been taken. It is surprising to note that the warrant of arrest has not been executed till now. Immediate and urgent steps must be taken to execute warrant of arrest, if not, already done. Appropriate orders for proclamation and attachment may be obtained. In the event of sufficient evidence, liberty is reserved to the investigating officer to add further sections in the FIR.

The investigation must be completed mandatorily and positively within a period of three months from date

and final report should be filed before the concerned jurisdictional magistrate.

With the aforesaid directions, the writ petition is disposed of.

In view of the disposal of the main writ petition, connected applications, if any, shall also stand disposed of. There shall 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. (Rajasekhar Mantha, J.)