Anurag Ghosh And ANR v. State Of West Bengal And ORS.
D/L 27 06.03.2025 Bpg.
ct.no.35 W.P.A.16925 of 2024 Anurag Ghosh & Anr.
Versus
The State of West Bengal & Ors.
Mr. Kaustav Bagchi Mr. Debayan Ghosh Ms. Priti Kar.
...for the petitioners.
Mr. Suman Sengupta Mr. Sambuddha Datta.
...for the State-respondents.
Mr. Syed Nazmul Hossain Mr. Syed Raihanul Hossain.
...for the respondent no.7.
Affidavit-of-service filed by the petitioners be kept with the record.
Petitioners approached this Court being aggrieved by the fact that in spite of directions passed by the learned Magistrate, no case has been registered by the police authorities and the further grievance is that there should be a fair and impartial investigation in respect of the accusations made under Section 156(3) of the Code of Criminal Procedure.
Report submitted by the State reflects that there were two cases one being Khargram P.S. Case No.43 of 2024 dated 07.02.2024 wherein the investigating authorities on conclusion of
investigation submitted charge-sheet and a subsequent case was registered pursuant to the directions of the learned ACJM, Kandi being Khargram P.S.
Case No.226 of dated 26.06.2024, the investigation of the said case is in progress.
Learned advocate appearing for the private respondent no.7 is present and submits that the respondent no.7 has been released on bail in connection with Khargram P.S. Case No.43 of 2024. Be that as it may, the primary grievance was whether a case has been registered pursuant to the direction passed by the learned ACJM, Kandi. Police report reflects that Khargram P.S. Case No.226 of 2024 has been registered for investigation on 26.06.2024. The police authorities are investigating into the accusations so made. Since the accusations are under Section 435 of the Indian Penal Code, police authorities would seize appropriate materials to substantiate the accusations made against the private respondents. Police authorities would after collecting materials consider the vital aspects so that before arriving at their final opinion, evidences are collected by putting in efforts and by exhausting all the remedies available under law. It is further directed that the police authorities would take the
investigation to its logical conclusion by collecting reports from the experts, if required in order to arrive at their conclusion.
With the aforesaid observations, WPA 16925 of 2024 is disposed of.
There will be no order as to costs.
Report so submitted be kept with the record.
A copy of the report be handed over to the learned advocate appearing for the petitioner. 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.)