Jayanta Sen v. State Of West Bengal And ORS.

05.12.2022.

Court No.13 Item No.21 pk WPA 17557 of 2022 Jayanta Sen

Versus

State of West Bengal & Ors.

Mr. Ayan Bhattacharya Mr. Samrat Choudhury Mr. Anit Dey ...For the petitioner.

Mr. Sirsanya Bandopadhyay Mr. Arka Kumar Nag ... for the State.

Mr. Atindranath Misra ... for the respondent No.7.

Supplementary affidavit filed in Court is taken on record.

Learned counsel for the State has produced a report of the Commissioner of Police, Barrackpore Police Commissionerate dated 28.11.2022. Annexed thereto is a report of the D.C.P. (Central), Barrackpore Police Commissionerate dated 26.11.2022.

It appears that omissions and commissions have been found against the Investigating Officer and departmental proceedings have been drawn up against him. The Commissioner of Police, Barrackpore Police Commissionerate shall take urgent and immediate steps in that regard.

It is also indicated by the Commissioner of Police, Barrackpore Police Commissionerate that the Investigating Officer has been changed and now a

person of the rank of S.I. has been entrusted with the investigation.

It is expected that the investigation is conducted by the new Investigating Officer in right earnest and in accordance with law.

The security provided to the petitioner must continue for a period of two months. It is expected that all accused are apprehended and the process of law is continuing against them.

It is submitted by learned counsel for the petitioner that the application for cancellation of bail has been moved before the Division Bench of this Court, which is pending consideration in CRM (DB) No. 2733 of 2022.

The report of the Commissioner of Police, Barrackpore Police Commissionerate is taken on record and the copy of the same has been handed over to the counsel for the petitioner.

With the aforesaid observations, the writ petition shall stand disposed of.

There shall be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)