Rajarshi Lahiri v. Union Of India And ORS.

29.08.2023 Item No.08 RP/AN Ct. No.1 WPA(P) 468 of 2023 Mr. Rajarshi Lahiri Vs.

Union of India & Ors.

Mr. Dibyayan Banerjee ... for Petitioner Mr. Ashoke Kumar Chakraborti, Ld. ASG Mr. Sukanta Chakraborti Mr. Tirtha Pati Acharyya ... for UOI Mr. S.N. Mukherjee, Ld. AG Mr. A. Ray, Ld. GP Mr. T. Chakraborty ... for State Mr. Billwadwal Bhattacharyya, Ld. DSGI Mr. Debasish Tendon ... for NIA 1.

We have heard the learned advocates for the parties.

2.

The petitioner has filed this writ petition concerning a blast, which occurred in an illegal cracker factory on 27th August, 2023 under the jurisdiction of Duttapukur Police Station. The petitioner has sought for various prayers including a direction for lodging a First Information Report under Explosive Substance Act, 1908.

3.

The learned Deputy Solicitor General on instruction submitted that a team of National Investigation Agency has also visited the place of occurrence and the provisions of Explosive

Substance Act, 1908 has not been included in the FIR.

4.

In any event, an incident having been occurred a day before yesterday and the entire investigation has been taken over by the State police, the petitioner has to allow the investigation to be completed and thereafter, if any grievances are there, it will be well open to the petitioner to pursue the same in the manner known to law.

Therefore, we are of the view that the petition is premature and accordingly the same stands dismissed leaving it open to the petitioner to approach the appropriate forum for necessary relief, if so, he is advised.

(T. S. SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)