Binoy Majumder v. State Of West Bengal And ORS.

WPA 20633 of 2025 Sl.No.

04.09.2025 Binoy Majumder -VsCourt No. 35 G.S.Das The State of West Bengal & Ors.

Mr. Saheb Banerjee ... for the Petitioner (s) Mr. Saikat Chatterjee Ms. Payel Ghosh ... for the State - respondent(s) Mr. Sourav Chatterjee, Sr. Adv.

Mr. Soumya Nag ... for the Respondent Nos. 7 and 8 The petitioner is aggrieved by the factum of the police authorities not considering his representation dated 21.08.2025.

State has submitted a report which reflects that Charge Sheet No. 116 of 2025 dated 23.08.2025 has been submitted in connection with New Township PS Case No. 93 of 2024 dated 09.05.2024.

The grievance of the petitioner is that CCTV footage has not been collected by the investigating agency and one of the accused has already been discharged

from the case.

Having considered that chargesheet has already been submitted before the jurisdictional Special Court and the petitioner - being the defacto-compliant of the case, if he is dissatisfied with the charge-sheet having been submitted, he is entitled to ventilate his grievance by way of invoking the power under Section 173(8) of the Cr.P.C.

In case, such an application is preferred before the learned Special Court, the learned Special Court would consider the prayer of the petitioner expeditiously in accordance with law.

Learned advocate for the private respondent nos. 7 and 8 submits that a writ petition being WPA 14642 of 2024 has been preferred for quashing of the proceedings.

As the writ petition was filed at a stage when the investigation of the case

was in progress, there has been subsequent change of circumstances, as such, the pendency of the writ petition will not deter the learned Special Court to independently consider the application, if preferred by the petitioner.

With the aforesaid observations, WPA 20633 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.)