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Calcutta High CourtWPA/27588/2024disposed

Pawan Kumar Jha v. The State Of West Bengal And ORS.

2024-11-25Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 12 25.11.2024 Kausik ct.no.35 W.P.A. 27588 of 2024 Pawan Kumar Jha

Versus

The State of West Bengal & Ors.

Mr. Kaustav Banerjee Ms. Ria Kundu ...for the petitioner.

Mr. Ansar Mondal, AGP Mr. Tanweer J. Mandal ...for the state.

Report submitted by the state in respect of a case being Narendrapur PS Case No. 786/2024 dated 02.07.2024 under section 363/365 of the Indian Penal Code has been submitted on behalf of the state. Petitioner's grievance is in respect of the investigation which has not progressed.

I have considered the report of the investigating officer which reflects that subsequently the investigating officer has prayed for addition of sections under section 370/120B of the Indian Penal Code. More than 4 months have passed since initiation of the investigation and earlier informations were sent in the month of June, 2024 to the concerned police station.

Having considered the series of consequences it may not be possible with the infrastructure available for the local police station to carry forward the investigation.

Accordingly the present case be transferred to Special DIG, CID, AHTU having its office at Bhawani Bhawan.

So far as the investigation is concerned, the same is transferred. But so far as the protection of the petitioner is concerned, if any complaint is lodged, the police authorities will keep a strict vigil in consonance with the guidelines laid down by the Hon'ble Supreme Court in the case of Mahendra Chawla & Others vs. Union of India & Ors. (2019) 14 SCC 615.

With the aforesaid observations WPA 27588 of 2024 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)