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Calcutta High CourtWPA/17372/2021disposed

Shyamali Pramanik Poddar v. State Of West Bengal And ORS.

2022-08-22Hon'Ble Justice Shampa Sarkar2 pages

22.08.2022 Court No. 19 Item 443 (ML) CP WPA No. 17372 of 2021 Smt. Shyamali Pramanik Poddar Vs.

The State of West Bengal & ors.

Mr. Debasis Kar ...for the petitioners.

Mr. Jahar Dutta Mr. Amit Kr. Ghosh ....for the State.

Mr. Krishnendu Bhattacharya Mr. Priyankar Ganguly Ms. Shalini Bairagi ...for the respondent nos. 4 & 5.

The petitioner alleges police inaction. During pendency of the writ petition Raghunathganj Police Station Case No. 513 of 2021 dated August 18, 2021 under Sections 498A/304(B) and 34 of the Indian Penal Code was investigated and a charge-sheet has been filed before the learned ACJM, Jangipur. The principal accused was granted anticipatory bail. Charge-sheet No. 744/2021 was filed against the principal accused, that is, the son-in-law of the petitioner, and also against the mother of the principal accused.

It is submitted by the respondent nos. 4 and 5 that the accused persons were granted anticipatory

bail. That charges have been framed. January 10, 2023 has been fixed for evidence before the learned Trial Judge.

Although the petitioner contends that the petitioner was unaware of the progress in the investigation and the trial, there is nothing on record for the court to ascertain the same. However, as the matter is already before the learned Trial Judge, the petitioner is at liberty to take all steps before the learned Trial Judge, as per law. The petitioner now prays that there have been loopholes in the investigation. Such statements from the bar are beyond the scope of the writ petition.

It also appears that the viscera was collected and sent to the FSL, Kolkata on September 9, 2021, but the clinical examiners report is yet to be received. On receipt of the same, the police authorities shall produce the same before the trial court by observing the provisions of law.

The writ petition is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)