Mujibar Rahaman Molya v. The State Of West Bengal And ORS

04.01.2022.

Court No.13 Item No. 13 ap W.P.A. No. 11939 of 2021 (Through Video Conference) Mujibar Rahaman Molya

Versus

The State of West Bengal & Ors.

Mrs. Pampa Dey (Dhabal).

...For the petitioner.

Mrs. Chama Mookherji, Mrs. Manika Pandit.

...For the State.

The writ petitioner complains of inaction by Bhangore Police Station.

It is submitted that a complaint of the petitioner was registered as First Information Report by the Bhangore Police Station being No. 211 of 2021 dated 3rd May, under Sections 147/148/149/341/326/307 of the Indian Penal Code. Some of the accused persons had applied for anticipatory bail which was rejected. The police have not been able to apprehend them till date. The said persons continue to threaten the petitioner.

Counsel for the State places instructions of Bhangore Police Station dated 3rd August, 2021 addressed to the Government Pleader, High Court, Calcutta. The same is taken on record.

It appears from the said instruction that four of the accused persons were arrested on 3rd May, 2021 and have been enlarged on bail. Several raids and

searches have been conducted to arrest the other accused persons but in vain.

It is submitted that investigation is on. One Khalek Molla, on behalf of the private respondents has also lodged a complaint against the petitioner with the Bhangore Police Station, which has been registered as Bhangore Police Station Case No. 215 of 2021 dated 4th May, under Sections 147/148/149/341/326/307 of the Indian Penal Code. The petitioner and the private respondents are stated to be relatives.

The Investigating Officer of the said two FIRs, shall take expeditious steps to secure the attendance of other accused persons in the FIRs, inter alia, by applying for proclamation and attachment.

It is expected that the investigation is completed within a period of 45 days from the date of receipt of a copy of this order. Bhangore Police Station shall, however, ensure that there is no breach of peace in the area and that the petitioner is duly protected from any harm.

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

There will be no order as to costs.

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.)