Biplab Gorai @ Biplab Ganrai @ Biplab Gorain v. State Of West Bengal And ORS.

29.07.2025 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 10318 of 2025 Biplab Gorai @ Biplab Ganrai @ Biplab Gorain -versus The State of West Bengal & Ors.

Mr. Uday Sankar Chattopadhyay.

Mr. Rajashree Tah.

Mr. Trisha Rakshit.

Ms. A. Datta.

... For the petitioner.

Mr. Tapan Kumar Mukherjee, Sr. Adv.

Mr. Rudranil De.

... For the State.

1.

The petitioner alleges lackadaisical approach on the part of the Public Prosecutor in proceeding with the Sessions Case No. 91 of 2019 pending before the learned Additional District & Sessions Judge, Second Court, Durgapur.

2.

From the documents annexed to the writ petition it appears that a request from the Additional District Magistrate (General), Paschim Burdwan was forwarded to the learned Public Prosecutor on 26th July, 2024 with a request to remove/change the Additional Public Prosecutor handling the case. The same has not been considered till date.

3.

The instant writ petition is disposed of by directing the District Magistrate, Paschim Burdwan to follow up the matter with the learned Public Prosecutor so that the Additional Public Prosecutor handling the case is immediately removed and a new one appointed in his place so that the case may proceed expeditiously.

4.

On the request of the District Magistrate, the learned Public Prosecutor shall take steps in the matter within a week.

5.

Leave is granted to the learned advocate-onrecord of the petitioner to implead the District Magistrate, Paschim Burdwan as party respondent in the instant writ petition. As the State is represented by the learned counsel, the formality of serving a copy of the writ petition upon the added respondent stands dispensed with.

6.

Learned advocate for the petitioner, however, is directed to forward a copy of the communication dated 26th July, 2024 addressed to the Public Prosecutor by the District Magistrate (General), Paschim Burdwan and other supporting documents to the Public Prosecutor at the time of communicating the order of the Court.

7.

The writ petition stands disposed of.

8.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)