Mandira Sikdar v. State Of West Bengal And ORS.

Sl. No.18 16.12.2024 Suman Ct. 35 WPA 29223 of 2024 Mandira Sikdar Vs.

The State of West Bengal & Ors.

Mr. Dattatreya Dutta Mr. Dibakar Sardar ..for the petitioner Mr. Wasim Ahmed Md. Shehabuddin ..for the State Mr. Moyukh Mukherjee Mr. Abhijit Singh Ms. S. Banerjee Mr. Sikandar Ansari ..for respondent nos. 7 and 8.

The petitioner is aggrieved by the fact that the petitioner intended to assist the complainant in respect of a criminal case and finally she has been implicated in a criminal case.

Learned advocate submits that presently there are two FIRs against the present petitioner being Jagaddal P.S. case no.336 of 2024 dated 15.09.2024 under Sections 419/420/406 of the Indian Penal Code and Bhatpara P.S. Case No.621 of 2024 dated 27.10.2024 under Sections 232(1)/351(2) of BNSS. Learned advocate also submits that further the accounts of the petitioner has been frozen without any notice under Section 41(A)/35(3) of BNSS. The police

authorities are hounding the present petitioner and trying to harass her.

The petitioner undertakes to co-operate with the Investigating Agency and would respond to any notice being served upon her.

Learned Advocate appearing for the State has submitted a report. The report reflects that in case of one of the FIRs, an application under Section 438 of the Code of Criminal Procedure was preferred before the learned Sessions Judge. The same was not pursued.

Learned advocate appearing for private respondents submits that the petitioner has not responded to the police authorities and as such, no interference be made in respect of the prayers so advanced.

I have considered the prayers advanced by the petitioner in respect of the accounts, which have been frozen. The petitioner would be at liberty to approach the jurisdictional Court. So far as merits of the FIRs are concerned, the same is at nascent stage and as such, same is not interfered.

The petitioner would be at liberty to approach this Court after the report under Section 193 BNSS is submitted before the jurisdictional court.

With the aforesaid observations, WPA 29223 of 2024 is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Tirthankar Ghosh, J.)