Mansura Bibi v. State Of W B & ORS

11.01.2021 Item No. DL 23 Ct. No.1 AD & Saswata WPA 20067 of 2011 (via video conference) Mansura Bibi -vsThe State of West Bengal & ors.

Mr. Rana Mukherjee Md. Sabir Ahmed ... for the State Going by the submission of the learned counsel for the State and whatever has been recorded by this Court in the earlier orders, the fact of the matter remains that charge sheet has been presented before the jurisdictional criminal Court alleging commission of offence punishable under various provisions of the Indian Penal Code including Section 302. At this distant point of time, it may not be appropriate for us to interfere with the course of action that would follow in the criminal Court or in any manner try to find out something which is intricately connected with what is sub-judice in the criminal Court. We are, however, satisfied that this is not a case which should be further proceeded with as it is an application for issuance of a writ in the nature of habeas corpus. This writ petition is disposed of without prejudice to due course of action by way of investigation, further investigation as well as trial of the criminal case / cases.

(Thottathil B. Radhakrishnan, CJ.) (Arijit Banerjee, J.)