Shyamal Dey Sarkar And ANR v. State Of West Bengal And ORS.

30.01.2023.

Court No.13 Item No. 27 ap W.P.A. No. 27181 of 2022 Shyamal Dey Sarkar & Anr.

Versus

The State of West Bengal & Ors.

Mr. Sarosij Dasgupta, Mr. Biswaroop Mukherjee, Mr. Soumyajit Mishra.

...For the petitioners.

Mr. Goutam Dey, Mr. Prateep Bera, Mr. Dipendu Sarkar, Ms. Ankita Ghosh.

...For the respondent nos.8, 10 & 11.

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

The petitioners complain of delayed investigation by Tollygunge Police Station into FIR No. 145 of 2021 dated 20th August, 2021.

Tollygunge Police Station submits that investigation is substantially complete and they are ready to file final report.

In view of the aforesaid submissions, it is ordered that the report in final form shall be filed by Tollygunge Police Station in respect of the subject First Information Report before the jurisdictional Magistrate within a period of fifteen days from date.

The private respondents, who had filed a complaint against the writ petitioners i.e. registered as Garfa Police Station FIR No.89 of 2021 dated 29th

April, 2021, is still pending investigation. There are no instructions on the Garfa Police Station.

In the above circumstances and in view of the long delay since after registration of the FIR No. 89 of 2021 dated 29.04.2021, it is ordered that the investigation be completed and report in final form be filed before the jurisdictional Magistrate also within a period of fifteen days from receipt of a copy of this order.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

The petitioners and the private respondents shall communicate this order to the Garfa Police Station immediately.

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.)