Sanat Naskar v. State Of West Bengal And ORS.

09.09.2021.

Item No.100.

Court No.13 ap W.P.A. No. 12597 of 2021 (Through Video Conference) Sanat Naskar

Versus

The State of West Bengal & Ors.

Mr. Debashis Saha, Ms. Namrata Chatterjee.

..For the petitioner.

Mr. Subhabrata Datta, Ms. Tanusri Roy Chowdhuri.

...For the State.

Affidavit-of-service filed in Court today be taken on record.

The writ petitioner is aggrieved by the fact that one Anil Naskar, who is a charge-sheeted accused in CS No. 290 dated 18th August, 2021 under Sections 498A and 302 of the Indian Penal Code arising out of Canning Police Station Case No. 214 of 2021 dated 24th May, 2021, has threatened him on 26th June, 2021 with a weapon.

It is submitted that the said Anil Naskar has stated that he would kill the writ petitioner in the same manner that the petitioner's daughter was killed. It is submitted by the Counsel for the State, Mr. Subhabrata Datta that there are seven accused persons in the charge-sheet, four of such accused persons were apprehended, one of whom i.e. motherin-law is on bail. There are three other accused persons including the said Anil Naskar, who are absconding. It is further stated that although charge-

sheet has been submitted since three accused persons are absconding, trial could not commence.

It is expected that the trial commences immediately.

In so far as the grievance of the petitioner of being threatened by the said Anil Naskar on 26th June, 2021 is concerned, it does not appear that the complaint has been received by Canning Police Station.

In that view of the matter, the Officer-in-charge, Canning Police Station shall register an FIR against the said Anil Naskar and commence investigation immediately.

It is submitted by Mr. Datta that the mobile phones of the absconding accused person are under continuous surveillance.

It is expected that the orders of proclamation and attachment shall be obtained against the absconding accused person expeditiously.

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.)