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Calcutta High CourtWPA/24969/2024disposed

Lal Mohammad Sha v. State Of West Bengal And ORS.

2024-12-03Hon'Ble Justice Tirthankar Ghosh2 pages

M/L119 03.12.2024 Bpg.

ct.no.35 W.P.A.24969 of 2024 Lal Mohammad Sha

Versus

The State of West Bengal & Ors.

Mr. Sk. Toslim Ali.

...for the petitioner.

Mr. Asish Kumar Guha Mr. Rajendra Chaturvedi.

...for the State-respondents.

Mr. Ashok Das Ms. A. De Ms. H. Jana.

...for the respondent nos. 5 to 8.

Learned advocate for the petitioner is aggrieved by the fact that in spite of the petitioner's son being assaulted mercilessly and the female members being sexually abused, no steps were taken by the State-respondents/police authorities.

Learned advocate appearing for the State has submitted a report which reflects that Joypur P.S. Case No.168 of 2024 dated 01.10.2024 has been registered for investigation.

Learned advocate appearing for the private respondent nos.5 to 8 disputes and denies the accusations made by the petitioner.

Petitioner presently is aggrieved that in spite of anticipatory bail being rejected of the accused

persons, no steps are being taken by the investigating agency.

Prima facie, it reflects that the investigation relating to collection of materials is in progress. Since the arrest is a part of the investigation, this Court will not enter into the domain. It would be for the investigating officer to pray for harsher process of law before the jurisdictional court in case they find that the accused persons are absconding and evading the process of law.

With the aforesaid observations, WPA 24969 of 2024 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. 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.)