Ganesh Das v. The State Of West Bengal And ORS.

29.11.2024 W.P.A. 27952 of 2024 Item No.22 Ct. No.35 dc.

Ganesh Das versus The State of West Bengal & Ors.

Mr. Prosenjit Mukherjee, Mr. Jahangir Hossain, Ms. Babita Pramanik ... For the Petitioner.

Mr. K. J. Yusuf, AGP, Mr. Sourav Choudhuri ... For the State.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner.

The petitioner approached this Court after being aggrieved by the act and actions of the police authorities that in spite of the complaint being made on 12.11.2024, no steps were taken for recovery of the minor girl of the petitioner. State has submitted a report which reflects that the minor girl has already been recovered in connection with Patrasayer Police Station Case No. 222/2024 dated 16.11.2024 under the relevant provisions of the IPC/BNS and the provisions of the POCSO Act.

Since the investigation has commenced under the Special Act, I direct that the investigating agency will put in efforts to unearth the truth associated with the case strictly adhering to the

provisions of the Special Act and would in terms of the Act within the prescribed period submit its report under Section 193 of BNSS.

If there is any threat perception of the petitioner, the police authorities will adhere to the Special Act and see that the relevant provisions of the Act regarding the protection of the witnesses including the complainant and the victim is ensured.

All efforts be taken by the investigating agency to take the investigation to its logical conclusion within a reasonable period of time. With the aforesaid observations, the writ petition being WPA 27952 of 2024 is disposed of. There shall be no order as to costs.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)