Abdur Rajjak Mallick v. State Of West Bengal And ORS.

01.05.2023.

Court No.13 Item No. 302 ap W.P.A. No. 22266 of 2022 Abdur Rajjak Mallick

Versus

The State of West Bengal & Ors.

Mr. Maidul Islam Kayal.

...For the petitioner.

Mr. Subhabrata Datta, Mr. Abdus Salam.

...For the State.

Mr. Omar Faruk Gazi.

...For the private respondent nos.9 & 10.

1. Affidavit-of-service filed in Court today be taken on record.

2. The petitioner is aggrieved by FIR No.77 of 2022 dated 10th May, 2022 under Section 406 of the Indian Penal Code registered by Kalitala Ashuti Police Station, DDH Police District.

3. It is submitted that notice under Section 41A of the Code of Criminal Procedure has been issued to the respondent nos.11 and 12 and they have surrendered and obtained bail.

4. This Court notes with anguish that investigation into the FIR may not have been completed till date.

5. It is, therefore, ordered that the investigation into the subject FIR be completed mandatorily and positively within a period of one month from date, if not already completed. All attempts must be made to recover the stolen articles.

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

7. There will be no order as to costs.

8. 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.)