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Calcutta High CourtWPA(H)/75/2024disposed

Md. Zahid Ahmed v. State Of West Bengal And ORS.

2024-09-05Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

05.09.2024 SL-01 Dd WPA (H) 75 of 2024 MD. ZAHID AHMED VS STATE OF WEST BENGAL AND ORS.

Mr. Rana Mukherjee, APP Mr. Simanta Kabir, Advocates ... ... For the State

1. None appears for the writ petitioner. State is represented.

2. Learned advocate appearing for the State submits that, on the basis of the complaint of the petitioner a police case was registered. In respect of such police case, the accused therein applied for anticipatory bail by way of CRM (A) 3034 of 2024. In such anticipatory bail, an order dated September 9, 2024 was passed. State is acting in terms of the order passed by the co-ordinate Bench in the application for anticipatory bail.

3. In the writ petition, the petitioner claimed that, his mother-in-law was in wrongful custody of the private respondent. He lodged a compalint with regard thereto to the police. Such complaint was registered as first information report. In respect of such police case, the accused therein being the private respondent herein applied for anticipatory bail by way of CRM (A) 3034 of 2024 where the coordinate Bench passed an order dated September 9, 2024.

4. Since the co-ordinate Bench is in seisin of the application for anticipatory bail in respect of the Signed By :

DEBABRATA DAS High Court of Calcutta 5 th of September 2024 05:08:47 PM

same police case as involved in the present writ petition, we are not minded to interfere in a writ of habeas corpus. This course of action we undertake in order to avoid conflict in judicial decisions.

5. WPA (H) 75 of 2024 is, therefore, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

DEBABRATA DAS High Court of Calcutta 5 th of September 2024 05:08:47 PM