Sanwar Saha v. The State Of West Bengal And ORS.
D/L 32 10.07.2025 Bpg.
ct.no.35 W.P.A.11578 of 2025 Sanwar Saha
Versus
The State of West Bengal & Ors.
Mr. Soumen Kr. Datta Mr. Subham Dutta Ms. Juthika Barman.
...for the petitioner.
Mr. Sirsanya Bandopadhyay Mr. Debopriyo Karan.
...for the State-respondents.
Affidavit-of-service filed by the petitioner be kept with the record.
Petitioner is aggrieved by the fact that Egra P.S. Case No.751 of 2024 dated 17.11.2024 was registered for investigation under Sections 103(1)/126(2)/127(2)93(5) of BNS of 2023. The grievance of the petitioner is that the investigating agency since November, 2024 did not put any efforts and, as such, some of the accused persons were granted default bail. Learned advocate submits that very recently charge-sheet has been submitted but nine accused persons are still absconding. According to the petitioner, these nine persons are available in the area but there is purposeful lack of efforts on behalf of the police authorities for apprehending
them, as such, they are enjoying their liberty although they have been implicated in a murder case. Learned advocate for the State has submitted a report. Report reflects that charge-sheet has been submitted before the jurisdictional court and prayer for warrant of arrest has been advanced which was granted by the learned Magistrate. It has further been brought to the notice of this Court that the next date is fixed before the learned Magistrate for execution return in respect of the warrant of arrest on or about 11th August, 2025. The police authorities are directed to submit their report in respect of execution of the warrant of arrest on 11th August, 2025 or the next date so fixed by the learned Magistrate.
In case they are unable to apprehend the accused persons within the said time limit, learned Magistrate would after receipt of the report from the police authorities proceed to the next steps for proclamation. Adhering to the procedural aspect and the time limit so prescribed, learned Magistrate would ensure that no time is wasted and, if required, after the statutory period and statutory compliances made under the relevant provisions of law declare the accused persons as proclaimed offenders.
After the process of attachment is over, the trial be segregated and the commitment of the instant case be made to the
jurisdictional sessions court. It is directed that the trial courts in these murder cases and cases of such heinous nature will not hesitate to proceed by following the process of trial in absentia.
The Superintendent of Police, East Midnapore is directed to monitor the further progress of the case so far as the execution of the processes are concerned and/or the time limit so prescribed so that the authorized officer in any manner or the other do not further delay the progress.
With the aforesaid observations, WPA 11578 of 2025 is disposed of.
There will be no order as to costs.
Report submitted by the learned advocate appearing for the State be kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.
(Tirthankar Ghosh, J.)