Bidyallekha Das v. State Of West Bengal And ORS.

15.02.2022 Court No.13 Item No.16 AP WPA 21397 of 2021 Smt. Bidyallekha Das Vs.

The State of West Bengal and Ors.

(Through Video Conference) Mr. K.M. Hossain Ms. T. Mukherjee ... For the Petitioner.

Mr. Asish Kumar Guha Mr. Naren Ghosh Dostidar ... For the State.

Mr. Md. Bani Israil Mr. Avijit Bhunia ... For the Respondent Nos.3 & 4.

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

The writ petitioner is aggrieved by the fact that notwithstanding complaint lodged on the ground of torture and extortion, the Tangra Police Station has registered FIR under sections other than extortion.

Learned counsel for the State has produced a report in the form of instructions issued by the Officer-in-Charge, Tangra Police Station addressed to the learned State Advocate and the same is taken on record.

Learned counsel for the State submits that Tangra Police Station Case No.317 dated 05th December 2021 was registered under Sections 341/323/504/506/114 of the IPC against Sudipta Sekhar Das, Banti Das, Raju Halder and Poly Halder. In a notice under Section 91 the investigating officer has asked for certain documents and evidence which the petitioner claims to have responded to.

Further evidence in the hands of the petitioner as indicated in the notice under Section 91 may also be given. The investigating officer shall complete investigation and submit final report before the concerned Judicial Magistrate preferably within a period of one month from date.

The Investigating officer shall be at liberty to investigate the matter also under the relevant provisions relating to extortion if necessary evidence is found in that regard.

With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.)