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Calcutta High CourtWPA/16037/2024disposed

Vivek Vikram Singh v. The State Of West Bengal And ORS.

2025-08-06Hon'Ble Justice Tirthankar Ghosh3 pages

M/L 704 06.08.2025 Bpg.

ct.no.35 W.P.A.16037 of 2024 Vivek Vikram Singh

Versus

The State of West Bengal & Ors.

Mr. Soumyajit Das Mahapatra Mr. Abhishek Mukherjee Ms. Madhurai Sinha Ms. Upasana Banerjee.

...for the petitioner.

Mr. Susovan Sengupta Mr. Manas Kumar Sadhu.

...for the State-respondents.

Mr. Pinak Mitra Mr. S. Ghosh.

...for Sabatullah Khan.

Petitioner is aggrieved by the fact that in spite of Bidhannagar (South) Police Station Case No.270 of 2023 dated 12.10.2023 being registered for investigation yet the investigation was not taken to its logical conclusion and no effective steps were taken by the police authorities in course of the investigation.

Learned advocate appearing for the State submits that charge-sheet has already been submitted on or about July, 2024 before the jurisdictional court and a prayer for further investigation has also been advanced on behalf of the petitioner.

Learned advocate appearing for one Sabatullah Khan submits that he may be added as a party since he has been already made an accused in the case and is on bail in connection with Bidhannagar (South) Police Station Case No.270 of 2023 dated 12.10.2023.

It has been submitted on behalf of the State that pursuant to the directions passed on May 3, in WPA 26751 of 2022, the Deputy Commissioner of Police had been supervising the investigation. Since the charge-sheet was submitted after the said date, it has been claimed by the learned advocate for the State that direction of the High Court was complied with.

It has also been informed by the respondent that an application for further investigation is pending.

Since the learned ACJM, Bidhannagar is in seisin of such prayer for further investigation, I am of the view that no further orders are required to be passed at this stage to be passed so far as the prayers which have been advanced in the writ petition is concerned. Petitioner would in the circumstances ventilate his grievance before the jurisdictional court. In view of the settled proposition of law, in case the petitioner applies for documents under

Section 207 of the Cr.P.C. as the petitioner is the de facto complainant of the case, learned Magistrate would make the said documents available to the petitioner prior to the hearing of further investigation being concluded.

With the aforesaid observations, WPA 16037 of 2024 is disposed of.

There will be no order as to costs.

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.)