Mata Prasad Shaw v. State Of West Bengal And ORS.

W.P.A. 13174 of 2023 Mata Prasad Shaw.

VS The State of West Bengal & Ors.

Mr. Asit Kumar Hazra, Ms. Soumi Chatterjee, Mrs. Gargi Roy.

...for the petitioner.

Mr. Santanu Kr. Mitra, Mr. Sandip Sarkar.

...for the State.

Affidavit-of-service filed by the petitioner be kept 21.03.2025 Court No. 35 Item No.71 Rakib with the record.

Petitioner has approached this Court at a stage when the investigation of the case was not progressing and the petitioner's main grievance was that there was no proper investigation being conducted in connection with Rabindranagar Police Station case no. 12/2023 dated 20.01.2023.

Subsequent to the direction passed by this Court on 04.10.2024 certain steps were taken by the investigating officer. CCTV Footages were collected and sent to FSL which reflected that the expert opined regarding the identity of the accused who has been taken as a sample for identification.

The investigating agency, however, on completion of investigation submitted charge-sheet before the jurisdictional Court against two accused persons and kept the provision for Supplementary charge-sheet open. Having considered that the police authorities have taken steps which may not be to the satisfaction of the

present petitioner, I direct that in case the petitioner is aggrieved he would be at liberty to advance a prayer under Section 173(8) of Cr.P.C. before the Jurisdictional Court. Learned Magistrate would consider the grievance of the petitioner and thereafter pass necessary orders preferably within a period of 60 days from the date of filing of the application.

With the aforesaid observations WPA 13174 of 2023 is disposed of.

Report submitted by the State be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner.

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.)