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Calcutta High CourtWPA/28739/2023disposed

Xxxx v. State Of West Bengal And ORS.

2024-01-04Hon'Ble Justice Jay Sengupta3 pages

04.01.2024 WPA 28739 of 2023 XX -vsThe State of West Bengal & ors.

Mr. Moyukh Mukherjee Mr. Sayantan Sinha Ms. Sagnika Banerjee ...for the petitioner Mr. Amitesh Banerjee Mr. Tarak Karan ...for the State This is an application alleging police inaction in ssi Ct 14 investigating a case of rape and imputing lack of care exercised by the Investigating Agency in not disclosing the identity of the victim.

Learned counsel appearing on behalf of the petitioner submits as follows. The victim was asked to attend a party of her former colleagues. Her drink was spiked and thereafter she was subjected to sexual assault. Investigation has not been done properly. Relevant CCTV footages were not collected. Witnesses from near the place of occurrence were also not examined.

Learned senior standing counsel representing the State relies on the report, which is taken on record and the case diary and submits as follows. A thorough investigation has been done into the allegations leveled by the petitioner.

The victim was medically examined. Her statement was recorded under Section 164 of the Code. Statements of the petitioner, her daughter and her husband, two friends of the petitioner's daughter were all recorded. Upon further investigation, two supplementary charge sheets have been filed. Witnesses from near the place of occurrence and those in whose presence articles were seized were also examined. Heard the learned counsels for the parties and perused the report and the case diary.

It appears that the Investigating Officer has taken necessary steps during investigation. Supplementary charge sheets have been filed.

This Court does not find any need to interfere with the proceeding.

Let the proceeding be expedited before the learned trial Court.

The petitioner shall be entitled to obtain copies of charge sheet, supplementary charge sheets along with statements recorded of witnesses from the Investigating Agency. The same may be supplied to the petitioner upon a prayer made in this regard.

With these observations, the writ petition is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)