Sahalam Sekh v. State Of West Bengal And ORS.

18.05.2023 Item No.8 Ct. No.1 PG/KS M.A.T. 680 of 2023 With I.A. No. CAN 1 of 2023 Sahalam Sekh Vs.

The State of West Bengal & Ors.

Mr. Kazi Safiullah, Sr. Adv.

Mr. M. A. Samad .....For the Appellant Mr. Amal Kumar Sen Mr. Lal Mohan Basu .....For the respondent nos.1 to 4 1.

This intra-Court appeal is directed against the order dated 16th March, 2023 in W.P.A.

No.5960 of 2023. The appellant had filed the said writ petition alleging that he was called to the Bishnupur Police Station and assaulted and as a consequence, he fell ill and was hospitalized.

2.

On a report being called for, the Inspector-inCharge, Bishnupur Police Station had submitted a report dated 15th March, 2023, from which it is seen that the police authorities have investigated and found that the allegation made by the appellant/petitioner is baseless. Furthermore, the medical report indicated a

different reason for his hospitalization and not as a result of assault.

3.

Therefore, the learned Writ Court had observed that the appellant may take steps under Section 156(3) of the Code of Criminal Procedure.

4.

We find that there is no error in the said order for us to interfere.

5.

Accordingly, the appeal as well as the connected application stand dismissed.

6.

There shall be no order as to costs.

7.

Urgent Photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S. SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)