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Calcutta High CourtWPA/19073/2025disposed

Vivekananda Sengupta v. State Of West Bengal And ORS.

2025-09-10Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 16 10.09.2025 ct.no.35 Kausik W.P.A. 19073 of 2025 Vivekananda Sengupta

Versus

State of West Bengal & Ors.

Mr. Akash Ganguly Mr. Nitankar Dutta Banik ...for the Petitioner.

Mr. Sananda Bhattacharyya ...for the respondent no. 6.

Mr. Amal Kr. Sen, AAG Mr. Debarati Sen (Bose) ...for the State.

In respect of the first case being Chandannagar PS Case No.

98/2025, the investigation has been concluded and charge sheet no. 126/25 dated 30.07.2025 was submitted before the jurisdictional Court. The second case being Chandannagar PS Case No.

139/25 dated 30.07.2025 was subsequently registered on the basis of complaint of the petitioner being Vivekananda Sengupta.

Learned advocate appearing for the petitioner submits it was the police authorities who escorted the petitioner to the hospital. In spite of the same, the medical documents have not been

collected and the investigation is still proceeding in a slow manner.

Learned advocate for the private respondent submits that earlier cases were instituted by the respondent no. 6.

State has submitted a report which incorporates that injury report has been collected by the police authorities.

Statements have been recorded.

The accused persons have also surrendered and obtained bail.

Having regard to the fact that the investigation commenced on 30.07.2025 and the present provisions require that after the period of 90 days is over, the defacto complainant who has set the criminal law into motion, is entitled to have a progress report, I direct that such a progress report be handed over to the defacto complainant in consonance with the provisions of the settlement. There are issues, as the defacto complainant/petitioner submits that he is unable to stay at the locality because of repeated attacks and there is hardly any communication between the Investigating Officer of the case and the defacto complainant.

Taking into account such statements being advanced and the fact that there are cases and

counter cases between the petitioner and the private respondents, I am of the view that in order to restore peace, a Superior Officer will monitor the present case as well as ensure that further there is no violation of law and public order which has been the genesis of repeated registration of criminal cases. It is further directed that prior to the report under section 193 BNSS being submitted in connection with Chandannagar PS Case No. 139/25, the Superior Officer would cross-check regarding the materials collected and thereafter grant permission for submission of report before the jurisdictional Court.

With the aforesaid observations WPA 19073 of 2025 is disposed of.

Report so submitted be kept with the record.

Case diary be returned to the learned advocate appearing on behalf of the State.

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

(Tirthankar Ghosh, J.)