Nemai Biswas v. State Of West Bengal And ORS.

17.10.2022 item No.12 SA/n.b.

ct. no.35 WPA 23220 of 2022 Nemai Biswas -Vs- State of West Bengal & Ors.

Mr. Shekhar Barman, Mr. Rohit Prosad ... for the petitioner.

Mr. Tapan Kumar Mukherjee, Mr. Kapil Guha, Mr. Somnath Naskar, ... for the State Affidavit of service filed by the petitioner be kept with the record.

Mr. Barman, learned advocate appearing for the petitioner is aggrieved by the manner in which Jetia P.S. Case No.147 of 2022 dated 18.8.2022 is progressing. Learned advocate for the petitioner submits that the petitioner is affected. The petitioner happens to be the father of the deceased who is anxious regarding the progress of the investigation.

Mr. Mukherjee, learned advocate appearing for the State submits a communication of the Officer-in-Charge of Jetia P.S., Barrackpore Police Commissionerate. In view of the Judgement of the Hon'ble Supreme Court in Sakiri Vasu Vs. State of U.P. & Ors. reported in (2008)2 SCC 409 I direct that the petitioner would be at liberty to take out an application before the Learned

Magistrate who would monitor regarding the progress of the investigation and if dissatisfied pass directions regarding collection of materials which are already available in the respective offices.

With the aforesaid observations, WPA 23220 of 2022 is disposed of.

Report filed by the Officer-in-Charge of Jetia P.S., Barrackpore Police Commissionerate be kept in record. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Tirthankar Ghosh, J.)