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Calcutta High CourtWPA/9590/2023disposed

Shri Dasharath Mondal v. State Of West Bengal And ORS.

2023-05-15Hon'Ble Justice Rajasekhar Mantha2 pages

15.05.2023 Court No.13 Item No.30 AP WPA 9590 of 2023 Shri Dasharath Mondal Vs.

The State of West Bengal and Ors.

Mr. Kusal Kumar Mukherjee Mr. Narattam Acharyya ... For the Petitioner.

Mr. Amitesh Banerjee Ms. Ipsita Banerjee ... For the State.

1.

The petitioner is aggrieved by inaction on the part of the Bharatpur Police in respect of FIR No.378 of 2022 dated 19th November, 2022.

2.

Counsel for the State submits that in respect of the same incident an earlier FIR being Bharatpur Police Station Case No.335 of 2022 dated 15th October, 2022 was registered on the complaint of the petitioner's brother. A different version of the incident has been given. 3.

Be that as it may, the steps should have been taken to merge the aforesaid two FIRs since they arise out of the same incident.

4.

The accused is absconding and evading arrest. It appears that steps for proclamation and attachment have not been obtained by the Bharatpur Police.

5.

This Court, therefore, orders that the jurisdictional magistrate shall be approached by the Bharatpur Police for obtaining orders of proclamation and attachment.

6.

It is further ordered that the investigation into the aforesaid FIRs be expedited and completed mandatorily and positively within a period of two months from date. All steps must be taken to compel the accused persons to participate in the investigation.

7.

With the aforesaid directions, the writ petition shall stand disposed of.

8.

There shall be no order as to costs.

9.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.)