Shapnil Sarkar v. State Of West Bengal

22.11.2023 Serial no. 387 [G.S.D] CRR 4251 of 2023 In the matter of : Shapnil Sarkar ... ... Petitioner Mr. Manas Kumar Das Mr. A. K. Thokdar ... Petitioner Ms. Manisha Sharma ... For the State The petitioner is directed to serve upon Ms. Manisha Sharma, ld. Advocate, who ordinarily appears on behalf of the State. Her appearance may be regularised by the concerned authority.

Ld. advocate for the petitioner submits that his motor cycle was taken by a different person who met with an accident and subsequently the present case being Chakdaha P.S. Case No. 631 of 2023 dated 8.9.2023 was registered for investigation under Sections 279 and 304A of the IPC.

Whether the petitioner being the owner of the motor cycle or anybody else was driving the said motor cycle, is a question of fact. The truth or the falsity so far as such fact is considered, is to be elicited by the investigating agency. The investigation of the case is still in progress.

It is complained on behalf of the petitioner that he is being harassed by the police authorities in spite of his innocence.

Be that as it may, the petitioner would be at liberty to take up the points, which he has canvassed before the superior officer and/or investigating agency as the investigation is still continuing.

The petitioner would be at liberty to approach this court at the appropriate stage.

With the aforesaid observations, CRR 4251 of 2023 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

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

(Tirthankar Ghosh, J.)