Salim Molla v. The State Of West Bengal And ORS.

21.04.2025 WPA 18826 of 2024 Sl.No.

Court No. 35 Salim Molla -VsThe State of West Bengal & Ors.

G.S.Das Mr. Arka Ranjan Bhattacharya Mr. Aminuddin Khan Ms. Gulsanwara Pervin ... for the Petitioner(s) Mr. Anirban Ray, ld. GP Mr. Sk. Md. Galib Mr. Tanoy Chakraborty Mr. Debraj Sahu ... for the State-respondent(s) A report has been submitted by the Special Investigation Team (SIT), wherein on conclusion of investigation initial charge-sheet has been submitted against two accused persons under Sections 167/218/330/34 of the IPC, as also against three other accused persons under Sections 167/218/34 of the IPC.

The report also reflects that the investigating agency would file their Supplementary Charge-sheet on receipt of the CFSL's report of the seized mobile phone(s), if required.

Considering that SIT has already submitted charge-sheet(s) and will submit a Supplementary charge-sheet, if required, before the learned jurisdictional Court, I am of the view that further pendency of the writ petition is unwarranted.

The petitioner has prayed for compensation. At this stage, when chargesheet has only been submitted before the court without exhausting the provisions of law, it will not be prudent to summarily direct for any compensation.

However, the petitioner would be at liberty to approach the learned civil court for damages, if any. The petitioner will also be at liberty, at the end of the criminal trial, to pray for compensation under the relevant provisions of the BNSS.

With the aforesaid observations, WPA 18826 of 2024 is disposed of.

Pending application(s), if any, is

also disposed of.

Report so submitted be kept with the record.

Learned trial court is directed to expedite the process of trial if no application under Section 193(9) of the BNSS is filed by the defacto-complainant.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)