Sk Nayimuddin v. State Of West Bengal And ORS.

W.P.A. 29623 of 2024 Sk Nayimuddin.

VS The State of West Bengal & Ors.

Mr. Mayukh Mukherjee, Ms. Sarmishtha Basak, Mr. Soumya Raha.

... for the Petitioner.

Mr. K.J. Yusuf, Mr. Parikshit Goswami.

... for the State.

Affidavit-of-service filed by the petitioner be 07.02.2025 Court No. 35 Item No.68 Rakib kept with the record.

Memorandum-of-evidence submitted by the State be kept with the record.

The anxiety expressed by the petitioner was with regard to recovery of daughter of the petitioner who was missing and for registration of FIR.

Learned Additional Government Pleader appearing on behalf of the State has submitted the Memorandum-of-evidence which reflects Domjur PS Case no. 992/24 was registered for investigation. Statements of witnesses were recorded under Section 161 of the Cr.P.C./Section 180 of BNSS. Statement of the victim girl/lady was also recorded under Section 164 of Cr.P.C./Section 183 of BNSS.

I have considered the statement of the victim before the learned Judicial Magistrate, I am of the

view that the report in final form which has been submitted as mistake of fact after the statement so divulged before the learned Judicial Magistrate does not suffer from any illegality.

Since the FIR has been registered and the victim girl has been recovered, I am of the opinion that the purpose for which the writ petition has been preferred is subserved.

Accordingly, WPA 29623 of 2024 is disposed of.

If the petitioner intends to exhaust any other remedy for other offences he would be at liberty to approach the concerned police station who would decide the same in accordance with law.

Case Diary be returned to the learned advocate appearing for the State.

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.)