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Calcutta High CourtWPA/11963/2023disposed

Papiya Mahanta v. State Of West Bengal And ORS.

2025-02-06Hon'Ble Justice Tirthankar Ghosh2 pages

W.P.A. 11963 of 2023 With CAN 1 of 2024 Smt. Papiya Mahanta VS The State of West Bengal & Ors.

Mr. Gunjan Kumar Singh, Ms. Sweta Singh, Mr. Manoj Kumar, Ms. Rima Mondal.

... for the Petitioner.

Mr. Sankar Biswas, Ms. Ananya Adhikary.

... for Respondent nos. 4 to 8 Mr. Rajarshi Basak, Mr. Ananda Dulal Sarkar.

... for the State.

Affidavit-of-service filed by the petitioner be 06.02.2025 Court No. 35 Item No.96 Rakib kept with the record.

Petitioner approach this Court at a stage when the investigation of Jagaddal Police Station case no.166/22 dated 08.03.2022 was in progress.

Subsequently, it has been informed on behalf of the State that a report under Section 173 of BNSS, 2023 was submitted before the Jurisdictional Court on 27th February, 2024.

The finding of the investigating authority in the final report so submitted is debatable. Petitioner intends to challenge the same before the jurisdictional Court concerned. In view of the statutory provisions available under Section 173(8) of the BNSS, 2023, petitioner will canvass his

grievance before the Jurisdictional Court, if such an application is filed the learned Magistrate will put in efforts so that within a period of 60 days the same is disposed of.

With the aforesaid observations WPA 11963 of 2023 along with CAN 1 of 2024 is disposed of. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)