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Calcutta High CourtWPA/13592/2024disposed

Biplab Kumar Chowdhury v. State Of West Bengal And ORS.

2024-11-26Hon'Ble Justice Tirthankar Ghosh2 pages

26.11.2024 W.P.A. 13592 of 2024 Item No.57 Ct. No.35 dc.

Biplab Kumar Chowdhury versus The State of West Bengal & Ors.

Mr. Aniket Mitra, Mr. Sayan Dutta ... For the Petitioner.

Mr. S. P. Lahiri, Mr. Chandan Kumar Mondal ... For the State.

Affidavit-of-service filed in Court today be kept with the record.

The petitioner is aggrieved by the fact that the investigating officer of Airport Police Station Case No. 16/2023 dated 27.01.2023 has not progressed with the investigation of the case and neither conducted the investigation in a proper manner.

Learned advocate appearing for the State submits that he is yet to receive a report from the concerned police station.

Records reflect that the investigation commenced on 27.01.2023 i.e. almost 22 months have completed. As such, if the investigating officer till date has not come to a conclusion regarding his final opinion for submission of report in terms of Section 173 of the Code of Criminal Procedure, a superior police officer will monitor and ensure that all effective steps are taken for concluding the investigation in a logical manner. This is subject to

the fact that till date the investigation has not been completed.

In case the investigation has been completed and notice has not been received by the present petitioner who is the complainant, I grant liberty to petitioner to approach the jurisdictional criminal court under the relevant provisions of law with appropriate prayers being advanced before the said court.

With the aforesaid observations, the writ petition being WPA 13592 of 2024 is disposed of. There shall be no order as to costs.

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.)