Subir Mondal v. Union Of India, Service Through Seretary And ORS.

12.08.2025 W.P.A. 17840 of 2025 Item No.22 Ct. No.35 dc.

Subir Mondal versus Union of India & Ors.

Mr. Imtiaz Ahmed, Mrs. Ghazala Firdaus, Mr. Sudip Sarkar, Ms. Suva Gayen, Mr. Sk. Saidullah, Mr. Mithun Mondal, Mr. Md. Arsalan, Ms. Zannat Haque ... For the Petitioner.

Mr. Soumak Bera ... For the Union of India.

Affidavit-of-service filed in Court today be kept with the record.

Petitioner is aggrieved by the fact that in respect of a criminal case being RC04/2024/NIA/DLI, petitioner has been directed to appear before the investigating officer associated with National Investigation Agency, Kolkata.

Learned advocate appearing for the petitioner submits that the petitioner has an unblemished career without any criminal antecedents. He is presently suffering from medical ailments and was not able to attend the dates earlier fixed by the investigating agency. To that effect, representation and/or information was sent to the office of the investigating agency. Certain other prayers have been advanced by the petitioner in view of the notice having been issued under Section 160 of the Code of Criminal Procedure.

Learned advocate for the petitioner submits that the petitioner is ready and willing to cooperate with the investigation.

Learned advocate for the Union of India is present.

Having considered that investigation of the case is in progress under the provisions of Indian Penal Code, Arms Act, SC&ST (POA) Act, 1989 as also under the Explosive Substances Act, 1908, I am of the view that at this stage, it would not be fit and proper to interfere with the investigation. Petitioner would be at liberty to exhaust the remedies available under law.

With the aforesaid observations, the writ petition being WPA 17840 of 2025 is disposed of. There will be no order as to costs.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)