Sk.Sahajahan And ANR. v. State Of West Bengal And ORS.

27.11.2025 Ct. No.5 b.das WPA 24214 of 2025 Sk. Sahajahan & Anr.

Vs.

The State of W. B. & Ors.

Mr. Rajat Sinha Roy Mr. Surajit Basu ...for the petitioners.

Mr. Billadal Bhattacharyya, Sr. Adv.

Mr. Moyukh Mukherjee Ms. Sagnika Banerjee Mr. Abhijit Singh ...for the respondent No.6.

Mr. Suman Dey ...for the State.

Affidavit of service filed by the petitioners is taken on record.

Heard learned counsels for the parties.

The sole prayer of the petitioner is as hereunder:- (a) "A writ in the nature of mandamus commanding the respondents authorities to show cause as to why failed to submit report as per submitted Charge sheeted vide No.166 of 2022 dated 13.07.2025 in connection Nazat Police Station Case No.142 of 2019 and failed to give affidavit in opposition against the made alleged allegations by the writ petitioner/private respondents No.6 in being W.P.A. No.702 of 2024 and M.A.T. No.1054 of 2025."

This Court is informed that WPA 702 of 2024 filed by the 6th respondent was disposed of by a co ordinate Bench of this Court by a judgment delivered on 30th June, 2025 directing CBI to conduct further investigation of the case by constituting a Special Investigation Team and holding

investigation under the supervision of a senior officer of the rank of Joint Director. Further investigation was directed to be monitored by the jurisdictional Court.

The said judgment was carried in appeal by the petitioners herein and by a judgment delivered on 4th August, 2025, an Hon'ble Division Bench of this Court held that these petitioners had no right to appeal against the judgment and order impugned. The appeal along with the applications filed by the petitioners were dismissed. Learned counsel for the petitioners submits that a review petition filed against the said judgment is pending. Be that as it may, since both the writ petition and the appeal have been disposed of, the prayer of the petitioners in the present application with regard to submission of report and/or affidavit in opposition by the private respondent has become redundant.

Also, the petitioners have stated in the writ petition that no other case has been instituted by them on the selfsame cause of action, thereby suppressing the appeal preferred by them.

In the result, this Court is inclined to hold that the writ petition is devoid of any merits and is liable to be dismissed.

Accordingly, the writ petition is dismissed.

There shall, however, be no order as to costs.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)