Babur Ali Molla v. State Of West Bengal And ORS.

D/L 47 25.06.2025 Bpg.

ct.no.35 W.P.A.12034 of 2025 Babur Ali Molla

Versus

State of West Bengal & Ors.

Mr. Subrata Bank Mr. Jakir Sardar.

...for the petitioner.

Mr. Vivekananda Bose Mr. Aloke Banerjee.

...for the State-respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner is aggrieved by the fact that repeatedly documents are being called upon by the investigating officer. Petitioner claims that already documents have been handed over to the investigating officer in connection with Hatishala Police Station Case No.80 of 2024 dated 03.03.2024. Learned advocate, however, on a query from this Court was unable to produce any seizure list. State has submitted a report. Report reflects that on conclusion of investigation of Hatishala P.S. Case No.80 of 2024 dated 03.03.2024, final report has been submitted before the jurisdictional court

and a notice has already been sent on or about 23rd June, 2025.

In view of the notice having been sent to the de facto complainant/the petitioner before this Court, I direct that the petitioner would agitate all his grievances by taking out appropriate application under Section 173(8) Cr.P.C. or under Section 193 of the BNSS before the jurisdictional Magistrate. If such an application is preferred by the petitioner, learned Magistrate within a period a period of 60 days would dispose of the same after issuing notice upon the State.

With the aforesaid observations, WPA 12034 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted 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.)