Sarjina Khatun v. The State Of West Bengal And ORS.

26.04.2023.

Court No.13 Item No. 305 ap W.P.A. No. 22029 of 2022 Sarjina Khatun

Versus

The State of West Bengal & Ors.

Mr. Soumyajit Das Mahapatra, Mr. Shamik Chatterjee, Mr. Aditya Bikram Mahata, Mr. Sahil Kabir.

...For the petitioner.

Mr. Subhabrata Datta, Mr. Sanatan Panja.

...For the State.

Mr. Atis Kumar Biswas.

...For the private respondent.

1. Affidavit-of-service filed in Court today be kept with the record.

2. The petitioner complains of inaction by Amdanga Police Station in respect of FIR No. 417 dated 15th August, 2022. The petitioner further complains that there are contradictions between the inquest report and the post mortem report.

3. At this stage, the petitioner seeks a direction on the Investigating Officer of the case to record the statement of her minor daughter under Section 164 of the Code of Criminal Procedure.

4. Counsel for the State submits that investigation has been completed and charge-sheet has been submitted.

5. This Court is of the view that the petitioner may seek appropriate remedy against the charge-sheet

before the Magistrate concerned under Section 173(8) of the Code of Criminal Procedure.

6. Let a copy of the charge-sheet be made available to the petitioner or her representative by the Amdanga Police Station within a period of seven days from date.

7. With the aforesaid directions, the instant writ petition shall stand disposed of.

8. There will be no order as to costs.

9. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)