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Calcutta High CourtWPA/12236/2026disposed

Dayanand Prasad v. State Of West Bengal And ORS.

2026-06-16Hon'Ble Justice Saugata Bhattacharyya2 pages

W.P.A. 12236 of 2026 rkd 16.06.2026 Ct.05 Dayanand Prasad -vsThe State of West Bengal & Ors.

Mr. Subu Banerjee ....for the petitioner.

Mr. Suryaneel Das, Ms. Anita Kundu ....for the State.

1.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

2.

Learned advocate representing the petitioner submits that though based on the complaint lodged by the petitioner FIR was registered but petitioner is aggrieved since petitioner suffered injury due to physical assault by the accused persons.

3.

According to the petitioner, most stringent provisions under BNS are required to be clamped in connection with the criminal prosecution initiated against the accused persons.

4.

Learned advocate representing the State respondents has filed a communication dated 15th June, 2026 of Officer-in-Charge, Muchipara Police Station, Kolkata and same is taken on record. Copy of the said communication dated 15th June, 2026 is made over to the learned advocate representing the petitioner. 5.

It is disclosed in the communication dated 15th June, 2026 that a criminal prosecution was initiated being

Muchipara Police Station Case No.92 dated 18th May, 2026 under certain provisions of BNS.

6.

Since aforesaid criminal prosecution is initiated, Investigating Agency is directed to take the prosecution to its logical conclusion expeditiously and submit a report before the jurisdictional Magistrate. 7.

In the event petitioner is aggrieved by the report of Investigating Agency, petitioner shall be at liberty to approach the court below under Section 193(9) of BNSS, 2023.

8.

The writ petition stands disposed of.

9.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)