Yogesh Kumar Dhanuka @ Yogesh Dhanuka v. State Of West Bengal And ORS.

D/L90 06.11.2024 Bpg.

ct.no.35 W.P.A.24602 of 2024 Yogesh Kumar Dhanuka @ Yogesh Dhanuka

Versus

The State of West Bengal & Ors.

Mr. Chandra Sekhar Banerjee Mr. Shiladitya Banerjee Mr. Shamit Dutta Ms. Madhumita Saha ...for the petitioner.

Mr. Vimal Kumar Shahi Mrs. Pratiti Das.

...for the State-respondents.

Affidavit-of-service so filed by the petitioner be kept with the record.

Learned advocate appearing for the petitioner is aggrieved by the act and conduct of the police authorities in respect of the report submitted in connection with MP Case No.62 of 2023 which is pending before the learned ACJM, Bidhannagar. A police report has been submitted by the learned advocate appearing for the State. Report reflects that pursuant to the direction passed by the learned Magistrate on 23.11.2023, an enquiry report was submitted before the jurisdictional court. Learned advocate appearing for the petitioner submits that he was aggrieved by the said enquiry report submitted by the concerned officer of Bidhannagar East Police Station and brought the

same to the notice of the learned ACJM, wherein the said court was pleased to direct the Assistant Commissioner to enquire but both the reports are to his dissatisfcation.

I find that the learned ACJM is in seisin of the application under Section 156(3) of the Code of Criminal Procedure and there has not been any final outcome of MP Case No.62 of 2023. In such circumstances, I direct that the learned Magistrate would dispose of MP Case No.62 of 2023 within a period of two months from the date of communication of this order.

With the aforesaid observations, WPA 24602 of 2024 is disposed of.

There will be no order as to costs.

Report so submitted by the learned advocate appearing for 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.)