Hasin Khatun v. Palash Mohanta The Inspector In Charge Karandighi Ps And ANR

14.06.2024.

Court No. 13 Item No. 11 ap CPAN 746 of 2024 In W.P.A. No. 9626 of 2023 Hasina Khatun

Versus

Subrata Das, Sri Palash Mohanta, Inspector-in-charge, Karandighi Police Station & Anr.

Mr. Ayan Banerjee, Ms. Debjani Sengupta, Ms. Poulami Ghosh.

...For the petitioner.

Mr. Tapas Kumar Mondal.

...For the alleged contemnors.

1. The Inspector-in-charge, Karandighi Police Station, Raiganj PD, Uttar Dinajpur has filed a report dated 9th May, 2024 in the form of instructions addressed to the State Advocate.

2. It appears that four several charge-sheets being C.S. No. 79 of 2023 dated 28.02.2023, C.S. No. 111 of 2023 dated 28.02.2023, C.S. No. 274 of 2023 dated 31.05.2023 and C.S. No. 195 of 2023 dated 30.04.2023 have been filed against the accused persons.

3. Ms. Debjani Sengupta led by Mr. Ayan Banerjee has submitted succinctly before this Court that investigation was completed much earlier and final report was prepared but charge-sheet has been filed only after receiving the notice of contempt application.

It is further submitted that the stolen articles have not been recovered by the police.

4. The report of the Inspector-in-charge-, Karandighi Police Station does not indicate anything about any recovered articles.

5. This Court directs the Inspector-in-charge-, Karandighi Police Station, Raiganj PD to take all necessary steps and recover all articles, account for the same in accordance with law and restore the petitioner to the extent that they may not be needed in the trial.

6. The Superintendent of Police, Uttar Dinajpur shall cause an enquiry into the case diary leading to the four charge-sheets and ascertain if there are any lapses on the part of the Karandighi Police Station and the Investigating Officer concerned. Appropriate steps may be taken by the Superintendent of Police, Uttar Dinajpur in that regard.

7. Let a report be filed by the Superintendent of Police, Uttar Dinajpur with the Registrar General of this Court and a copy thereof be served on the learned Advocateon-record for the petitioner.

8. With the aforesaid directions, the instant contempt application shall stand disposed of.

9. Rule, if any, shall stand discharged.

10.

There will be no order as to costs.

11.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)