Md. Bakibillaha Gazi v. State Of West Bengal And ORS.

D/L 69 22.09.2025 Bpg.

ct.no.35 W.P.A.21872 of 2025 Md. Bakibillaha Gazi

Versus

The State of West Bengal & Ors.

Mr. Omar Faruk Gazi Ms. Susmita Das Ms. Shaoni Panda.

...for the petitioner.

Mr. Amitabrata Roy, Ld. G.P.

Mr. Debapriya Chatterjee Mr. Hare Krishna Haldar.

...for the State-respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner complains that he is being forced to be a witness in a sessions triable offence. I find summons have been issued by the FTC, IV and Additional Sessions Judge, 24 Parganas North. The said summons have been issued in connection with Duttapukur P.S. Case No.627 of 2022 dated 27.06.2022 corresponding to S.T. No.2(3)

23. The said case is under the relevant provisions of Sections 302/34 of the Indian Penal Code and Sections 25/27 of the Arms Act.

Having considered that a criminal court is in seisin of the issue and the summons have been

issued by a criminal court concerned, I am of the view that under Article 226 of the Constitution of India the prayer so advanced in the writ petition cannot be entertained.

Accordingly, WPA 21872 of is dismissed.

Report so submitted be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)