Calcutta High CourtWPA/18001/2022disposed

Arshee Raja v. State Of West Bengal And ORS.

2023-01-19Hon'Ble Justice Rajasekhar Mantha3 pages

19.01.2023 Court No.13 Item No.3 AP WPA 18001 of 2022 Mr. Arshee Raja Vs.

State of West Bengal and Ors.

Mr. Sarbananda Sanyal Mr. Soumya Basu Roy Chowdhury ... For the Petitioner.

The petitioner complains that notwithstanding custody and lawful purchase of a second hand vehicle, he has been prevented from using it. The petitioner has also alleged that one Jayanta Thakur, Investigating Officer of the case of Kalyani Police Station has been threatening and intimidating him.

The investigation into the Kalyani Police Station Case No.247 of 2022 dated 23rd May, 2022 and Taliganj Police Station Case No.244 of 2022 dated 26th December, 2022 shall proceed in accordance with law. The Kalyani Police Station Case No.247 of 2022 dated 23rd May, 2022 shall stand transferred to be investigated along with Taliganj Police Station Case No.244 of 2022 dated 26th December, 2022 at the latter P.S.

Jayanta Thakur, Investigating Officer of the Kalyani Police Station shall transfer the entire case diary to the Taliganj Police Station.

The petitioner shall cooperate in the investigation.

For the aforesaid purpose the petitioner shall visit the Investigating Officer, Taliganj Police Station regarding Taliganj Police Station Case No.244 of 2022 dated 26th December, 2022, on Saturday (21.01.2023) at 11 am. The petitioner shall produce necessary documents in relation to the vehicle in question. The petitioner shall produce the vehicle before the Taliganj Police as and when required for the purpose of investigation.

Steps shall be taken to procure a warrant of arrest against Balai Das by the Investigating Officer. The Officer-in-Charge, AJC Bose B. Garden Police Station shall ensure that there is no breach of peace in and around the petitioner's residence and he shall be able to ply the vehicle in accordance with law. The original seller of the vehicle and/or the petitioner may institute appropriate proceedings, if so advised, in respect of their claim towards the vehicle in question.

With the aforesaid directions, the writ petition is disposed of.

There shall be no order as to costs.

The report dated 19th January 2023 issued by the Inspector of Police, Kalyani Police Station, Ranaghat Police District is taken on record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)