Md Irshad Hussain And ANR. v. The State Of West Bengal And ORS.

WPA 19600 of 2025 Sl.No.

26.08.2025 Court No. 35 G.S.Das Md Irshad Hussain -VsThe State of West Bengal & ors.

Mr. Fazlur Rahaman Mr. S. R. Hossain Mr. Subrata Mkherjee ... for the Petitioner(s) Mr. Suman Sengupta, Sr Govt. Adv.

Mr. Tapas Ballav Mandal ... for the State - respondent(s) Affidavit of service filed be kept with the record.

The petitioner has approached this court being aggrieved by the manner in which the investigation of the case has been progressing inspite of having suffered with grievous injuries.

Learned advocate for the petitioner has drawn the attention of this court to the three cases being Entally Police Station being Entally PS Case No. 250 of 2024; Entally PS Case No. 252 of 2024 and Entally PS Case No. 136 of 2025.

The petitioner complains that the progress of the investigation and the steps so taken by the investigating agency are not to the satisfaction and, to that effect, inspite of informing authorities concerned, there has been hardly any effect, as such, being aggrieved, he approached this Court.

State has submitted a report which reflects that the investigation of Entally PS Case No.

dated 02.12.2024 has been concluded and charge-sheet has been submitted before the learned jurisdictional court. In respect of Entally PS Case No. 252 dated 05.12.2024, investigation commenced and on conclusion of the investigation, Final Report has been submitted as 'true' for want of evidence before the learned jurisdictional court. However, in respect of Entally PS Case No.

dated 28.05.2025, the investigation of the case is under progress.

The report further speaks that a case has been registered against the petitioner being Entally PS Case No. 254 dated 06.12.2024 wherein notices were served under Section 35(3) of the BNSS which were complied with and petitioner, according to the report, has already obtained bail from the court of the learned ACJM, Sealdah.

On perusal of the report submitted by the State, I find that there are constant disputes between the petitioner and the private respondents and, on occasions, same has transgressed the limit and resulted in bloodshed also. I also find that in all the cases, Sections which have been incorporated prima facie reflects that the cases are either for hurt and/or for grievous hurt.

So far as the case being Entally PS Case No. 136 dated 28.05.2025 is concerned, I direct the police authorities that in case they are unable to conclude

the investigation within the statutory period, they would sent a progress report to the defacto-complainant immediately after the said period is over.

The petitioner, if he is aggrieved by the progress of the investigation, will bring it to the notice of the learned ACJM, Sealdah who would take steps in accordance with law.

So far as the other issues are concerned, I direct that police authorities would ensure that since number of criminal cases are pending, there is no chance and/or possibility of further breach and/or violation of any law and order. To that effect, if required, police authorities would take preventive measures so that the situations do not blow out of the proportion.

In case, petitioner feels insecured because of the act and actions of the private respondents, he would apply

before the learned ACJM, Sealdah who is in seisin of all the criminal cases. The learned ACJM, Sealdah will call for a threat perception report, and, thereafter, pass necessary directions under Witness Protection Scheme, 2018.

With the aforesaid observations, WPA 19600 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record.

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.)