Saroj Kayal @ Susmit v. State Of West Bengal And ORS.

10.01.2023.

Court No.13 Item No.11 pk W.P.A. No. 25905 of 2022 Saroj Kayal @ Susmit

Versus

The State of West Bengal & Ors.

Mr. Sabyasachi Chatterjee, Md. Shamim Uddin, Mr. Subhrajit Saha, Mr. S. Das, Mr. A. Sharma, Mr. Sayan Banerjee, Mr. B. Karim, Ms. Priyanka Paul, Ms. Indrani Ray ...For the petitioner.

Ms. Chama Mookherji, Ms. Manika Pandit ... for the State.

Mr. Raj Kumar Sain ... for the respondent no. 8.

The writ petitioner is aggrieved by delay in conducting investigation of further complaint dated 20th October, 2022. The said complaint is a repetition to an earlier complaint of the petitioner that was registered as Narendrapur P. S. Case No. 1006 of 2022 dated 9th September, 2022 under Sections 384/506 of the IPC. It is alleged that the writ petitioner was photographed in a compromising position with the private respondent and the latter had started blackmailing him.

Counsel for the State has produced the instructions of the I. C., Narendrapur Police Station dated 04.01.2023,2, which is taken on record. It appears from the report that charge sheet no. 1091 of

2022 dated 31.10.2022 under Sections 384/506 of the IPC has been filed against the private respondent. The subject matter of the present complaint dated 20th October, is that the private respondent has demanded sums of money from the writ petitioner. If the petitioner did not pay the same, the photographs of the petitioner with the private respondents would de made public.

Counsel for the private respondent submits that he accepts the direction by this Court to surrender all photographs and delete any of the same from any medium they are stored in. The private respondent undertakes before this Court not to publish or circulate any of the photographs in any public are or private place. The photographs shall be made over to the writ petitioner and/or his advocate on record within a period of 72 hours. In the event any of such photographs find place in the media, the complaint of the petitioner dated 20th October, 2022 shall be registered as FIR by the Narendrapur Police Station and the private respondent shall be taken into custody.

It is expected that the chare sheet already filed is put to committal as expeditiously as possible. The private respondent shall not in any way threaten or intimidate the writ petitioner.

The writ petition is disposed of.

There will be no order as to costs.

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.)