Calcutta High CourtWPA/11755/2023disposed

Tushar Naskar v. State Of West Bengal And ORS.

2023-05-22Hon'Ble Justice Hiranmay Bhattacharyya2 pages

AD-24 Ct No.07 22.05.2023 as/TN WPA No. 11755 of 2023 Tushar Naskar Vs.

State of West Bengal and others Mr. Moyukh Mukherjee, Mr. Abhijit Singh .... for the petitioner Mr. Santanu Kumar Mitra, Mr. Ganga Prasad Mukherjee .... for the State Affidavit-of-service filed today be kept on record. The petitioner alleges inaction of the police authorities. The learned Advocate for the petitioner submits that the police authorities have not taken effective steps to conduct investigation in respect of the complaint made by the petitioner, who is the father of the victim, on October 13, 2022.

Mr. Mitra, learned Advocate for the State files a written instruction given to him by the concerned Investigating Officer, wherefrom it appears that the FIR was registered on the basis of the complaint made by the petitioner on October 13, 2022. Charge-sheet has been submitted vide Baruipur Women Police Station Charge Sheet No. 39/23 date: 21.05.2023 under Sections 376(2)(n)/506/342/323 IPC and 6 of the POCSO Act. It further appears therefrom that the

supplementary charge-sheet will be submitted after completion of investigation of the case after arrest of the respondent nos.6 and 7 as per the provisions laid down under Section 173(8) of the Criminal Procedure Code.

The learned Advocate for the petitioner submits that the charge-sheet was filed after the filing of the writ petition and the provision of the relevant statue provides that the trial is to be completed within a specified time. Since after completion of investigation, charge-sheet has already been filed and the learned Judge, Special Court (POCSO Act) at Baruipur, South 24 Parganas is in seisin over the matter, this writ petition is disposed of by observing that the trial is to be completed as expeditiously as possible strictly in accordance with law.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Hiranmay Bhattacharyya, J.)