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Calcutta High CourtWPA/25051/2023disposed

Pritam Deb v. State Of West Bengal And ORS.

2024-05-09Hon'Ble Justice Rajasekhar Mantha3 pages

09.05.2024.

Court No.13 Item No. 12 ap W.P.A. No. 25051 of 2023 Pritam Deb

Versus

The State of West Bengal & Ors.

Mr. Partha Sarathi Das, Ms. Shanta Sarkar, Mr. Debojyoti De, Ms. Souraja De.

...For the petitioner.

Mr. Arjun Ray Mukherjee, Ms. Tuli Sinha.

...For the State.

1. Affidavit-of-service filed in Court today be taken on record.

2. The petitioner is aggrieved that the nonempanelment with the respondent no.5 in the post of Defence Civilian Washerman for non-receipt of police verification certificate from the Offices of the respondent nos.2 and 3.

3. DIO Ranaghat, Ranaghat Police District has filed a report dated 21st November, 2023. The same is taken on record.

4. It appears from the said report that there are cases registered against the petitioner for Ranaghat Women Police Station Case no. 70 of 2017 dated 10th August, 2017 under Sections 498(A)/34 of the Indian Penal Code in which a charge-sheet being C.S. No. 70 of 2017 dated 31st August, 2017 has been filed. There is another case being Ranaghat Women Police Station Case No. 105 of 2019 dated 5th November, 2019 under

Sections 498(A)/341/323/406/34 of the Indian Penal Code in which investigation has been completed and charge-sheet being C.S. No. 72 of 2020 dated 31st August, 2020 has been filed. Additional Misc. Case No. 248 of 2020 under the Domestic Violence Act has also been registered against the petitioner.

5. Counsel for the petitioner submits that the said cases are family in nature and have since been settled between the petitioner and his wife.

6. In the backdrop of the above, the respondent no.2 shall furnish an appropriate report of any such settlement or formal discharge in criminal proceedings, to the respondent no.5 and communicate the same within a period of one month from the date of communication of a copy of this order.

7. In the event it is found that the aforesaid cases are not pending, the petitioner has been discharged, the respondent no.5 may proceed with the engagement and empanelment of the petitioner in accordance with law.

8. With the aforesaid observations the writ petition is disposed of.

9. There will be no order as to costs.

10.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)