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Calcutta High CourtWPA/21279/2024disposed

Sanjoy Mondal v. State Of West Bengal And ORS.

2024-09-24Hon'Ble Justice Hiranmay Bhattacharyya2 pages

24.09.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 21279 of 2024 Sanjoy Mondal Vs.

State of West Bengal & Ors.

Mr. Arunava Mondal ...for the petitioner Mr. Santanu Moitra ...for the State Affidavit of service filed today is taken on record.

The learned Advocate for the petitioner submits that in spite of the fact that the complaint was lodged by the petitioner on June 06, 2024, no steps have been taken by the police authorities. The learned Advocate further submits that the private respondents snatched the motorcycle and the mobile phone of the petitioner.

The learned Advocate appearing for the State files a report of the Inspector-in-Charge, Bankura Police Station, dated August 29, 2024, which is taken on record.

After going through the said report, this Court finds that after preliminary enquiry a prosecution under Section 107 of the Code of Criminal Procedure was issued and after the preliminary enquiry it has found that there is no substance in

the allegation of snatching of motorcycle and the mobile phone. However, with regard to the other allegations contained in the complaint lodged by the petitioner, it has been indicated in the said report that Bankura P.S.

Case No.

253/24 dated 22.08.2024 under Sections 427/506/323/384/34 of the Indian Penal Code has been registered. The learned Advocate for the petitioner submits that the police authorities have not registered the First Information Report indicating the appropriate provisions of the Indian Penal Code.

The petitioner is left free to approach the concerned Magistrate seeking appropriate relief in that regard.

Since the First Information Report has been registered and the investigation is in progress, this Court holds that the grievance of the petitioner raised in this writ petition has been sufficiently redressed.

With the above observations and directions, the writ petition stands disposed of.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities.

(Hiranmay Bhattacharyya, J.)