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Calcutta High CourtWPA/15645/2024disposed

Neelmani Bhartiya v. The State Of West Bengal And ORS.

2025-08-05Hon'Ble Justice Tirthankar Ghosh2 pages

05.08.2025 W.P.A. 15645 of 2024 Item No.682 Ct. No.35 dc.

Neelmani Bhartiya versus State of West Bengal & Ors.

Mr. Sayak Chakraborti, Mr. Wrickbrata Roy, Mr. N. Molla, Mr. Iswar Das, Mr. S. Chatterjee ... For the Petitioner.

Mr. K. J. Yusuf, AGP, Mr. Parikshit Goswami ... For the State.

Mr. Siddhartha Lahiri, Mr. Rishad Medora, Mr. Debraj Dutta, Ms. Nivedita Mullick ... For the Respondent Nos.7 & 8. Report submitted by the learned advocate appearing for the State be kept with the record. Petitioner is aggrieved by the fact that necessary steps were not taken by the police authorities to file charge-sheet in connection with Ballygunge P.S. Case No. 49 of 2022 dated 21.06.2022.

State has submitted a report which reflects that in connection with Ballygunge P.S. Case No. 49 of 2022, police authorities on conclusion of investigation has already submitted charge-sheet on or about 03.06.2025 before the learned Chief Judicial Magistrate, Alipore.

In view of the steps taken by the police authorities, the prayers advanced in the writ petition have been justified. As such, further orders are uncalled for.

Mr. Lahiri, learned advocate appearing for the private respondent nos. 7 and 8 submits that the provision under which charge-sheet has been submitted is without authority of law.

In view of the respondent taking such contention and the writ petition was preferred for a different issue, I am not inclined to accept such contention without an appropriate application under the law.

As no affidavits have been called for, the accusations made against the private respondents and/or the State-respondents are deemed not to have been admitted.

With the aforesaid observations, the writ petition being WPA 15645 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

There will 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.)