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Calcutta High CourtWPA/23231/2024disposed

Sanjay Bakshi v. The State Of West Bengal And ORS.

2025-08-14Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 872 14.08.2025 Bpg.

ct.no.35 W.P.A.23231 of 2024 Sanjay Bakshi

Versus

The State of West Bengal & Ors.

Mr. Wasim Ahmed Mr. Sk. Md. Masud.

...for the State-respondents.

Earlier when the writ petition was called on 07.10.2024, none appeared for the petitioner. Today also none appeared on behalf of the petitioner. The writ petition was preferred by the petitioner being aggrieved that in spite of FIR being registered, no arrest was effected by the investigating agency so far as the accused persons are concerned. Learned advocate for the State submits a report prepared by the Inspector-in-Charge, Bongaon Police Station. Report reflects that Bongaon Police Station Case No.871 of 2024 was registered for investigation under the relevant provisions of cheating and forgery.

Having considered that the police were investigating the case at the relevant point of time and it was the prerogative of the investigating agency whether to arrest or not to arrest any individual, I am of the view that so far as the arrest is concerned, this

Court cannot invoke its extraordinary jurisdiction under Article 226 of the Constitution of India. Having considered the time period which has lapsed in the meantime and the case having been registered almost 11 months ago, if no conclusion till date could be arrived at by the investigating agency, efforts be taken to take the investigation to its logical conclusion within a reasonable period of time. In the alternative, if the investigating agency has already arrived at their conclusion, they would notify the de facto complainant regarding the fate of the investigation.

With the aforesaid observations, WPA 23231 of 2024 is disposed of.

There will be no order as to costs.

Report submitted by the State 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 copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)