Durga Paul v. The State Of West Bengal And ORS.

Item No.- 10 28.03.2025 Rohan Court No. 28 In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 27398 of 2024 Durga Paul

Versus

The State of West Bengal & Ors.

Mr. Rajib Kumar Acharyya, Mr. Goutam Malik.

... for the petitioner Mr. Suman Ghosh, Mr. Sankha Prasad Roy.

... for the State Mr. Sourat Nandy.

... for the respondent Nos. 8 & 9

1. Affidavit-of-service filed today is kept with the record.

2. When the matter was called on 26th March, 2025, the learned advocate appearing for the petitioner submitted that the petitioner might not wish to proceed further with the writ petition and he sought for time to take instruction in such regard. Today, when the matter is called on, the learned advocate appearing for the petitioner seeks time saying that he has not been able to establish contact with the writ petitioner.

3. Mr. Sourat Nandy, the learned advocate appearing for the respondent Nos. 8 and 9, on the other hand, submits that the writ petition has become infructuous.

4. The learned advocate appearing for the State hands up a copy of instructions forwarded to him by the Officerin-Charge, Nandakumar Police Station, Purba Medinipur. Upon perusal thereof, it appears that the

respondent/police authorities have taken action on the complaint filed by the petitioner and have proceeded with the investigation. A copy of the instructions filed by the learned advocate for the State respondents is taken on record.

5. It also appears from the said report that during investigation, no evidence could be found against the respondent No. 10.

6. In view of the aforesaid, it appears that the cause of action for the writ petition no longer survives inasmuch as the principal prayer of the writ petitioner which was to issue a writ of mandamus commanding the respondents to act in accordance with law and to take suitable and appropriate measures on the basis of the written complaint dated October 25, 2024 appears to have been answered as action has already been taken by the respondent Police Authorities..

7. In view of the aforesaid facts, the writ petition being WPA 27398 of 2024 stands disposed of as having become infructuous.

(Om Narayan Rai, J.)