Sanjiv Kumar Sao @ Sanjay Kr. Sao @ Sanjeev Kumar v. State Of West Bengal And ORS.

11.04.2023.

Court No.13 Item No. 42 ap W.P.A. No. 20119 of 2022 Sri Sanjiv Kumar Sao @ Sanjay Kumar Sao @ Sanjeev Kumar

Versus

The State of West Bengal & Ors.

Mr. Sujon Chatterjee, Mr. Suvadip Bhattacharjee, Ms. Mousumi Bhattacharjee.

...For the petitioner.

Mr. Santanu Kumar Mitra, Ms. Rama Halder.

...For the State.

Affidavit-of-service filed in Court today be taken on record.

The petitioner is aggrieved by a communication dated 4th August, 2022 issued by the Superintendent of Police, Purulia refusing to accord sanction to prosecute Sub-Inspector, Sajal Kumar Misra for the alleged offence under Sections 420/468/471/384/211/34 of the Indian Penal Code. Earlier in an application under Section 156(3) of the Code of Criminal Procedure, the learned Chief Judicial Magistrate, Purulia had directed registration of the FIR.

On an appeal being preferred, the learned Sessions Judge, Purulia confirmed the same. The order of the learned Sessions Judge, Purulia was set aside by a Co-ordinate Bench of this Court in C.R.R. No. 285 of 2020 vide its order dated 7th April, 2022. Liberty was however reserved to the petitioner to apply

for sanction to prosecute the said Sub-Inspector, Sajal Kumar Misra.

The petitioner applied therefor but the Superintendent of Police, Purulia declined such prayer for sanction.

A report has been filed by the Superintendent of Police, Purulia dated 5th September, 2022 before this Court. Detailed reasons and a copy of the enquiry report have been annexed thereto.

Let a copy of the same be handed over to the Counsel for the petitioner.

This Court is satisfied with the decision of the Superintendent of Police, Purulia.

In view of the above, nothing further needs to be adjudicated in this writ petition. Hence, the instant writ petition must fail and is hereby dismissed. There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)