Rajukul Sk @ Rajikul Sk And ANR. v. State Of West Bengal And ORS.

D/L 42 11.08.2025 ct.no.35 Kausik W.P.A. 17984 of 2025 Rajukul Sk @ Rajikul Sk & Anr.

Versus

State of West Bengal & Ors.

Mr. Md. Wasim Akram ...for the Petitioner.

Mr. Amitabrata Roy, Ld. GP Mr. Sudipto Panda Mr. Sahariya Alam ...for the State.

Petitioner would take up the issue relating to the arrest before the jurisdictional Court which is in seisin of Kaliachak PS Case No. 354/2025 dated 05.03.2025. Since the legality of the arrest has been questioned in this writ petition more than 5 months after the arrest of the petitioner, I am of the view that a Special Court is in seisin of the issue. The Special Court would take up the point relating to the legality or illegality of the arrest as the documents which have been enclosed do not contain the order sheets of the learned Special Court, as such if such an application is preferred before the learned Special Court, learned Special Court would consider such application in accordance with law.

It is submitted on behalf of the State that the investigation is still continuing.

Having regard to the observations made above, at this stage, I am of the view that no directions are required to be passed and it would be the wisdom of the learned Special Court to deal with the issue as he deems fit and proper.

With the aforesaid observations WPA 17984 of 2025 is disposed of.

Report submitted be kept with the record.

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

(Tirthankar Ghosh, J.)