Hiru Mandi v. State Of West Bengal And ORS.

15.01.2025 W.P.A. 30475 of 2024 Item No.61 Ct. No.35 dc.

Hiru Mandi versus State of West Bengal & Ors.

Mr. Amit Ranjan Pati, Ms. Swastika Chowdhury ... For the Petitioner. Mr. Rajarshi Basu, Mr. Ananda Dulal Sarkar ... For the State.

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

The grievance of the petitioner is that although Kotwali Police Station Case No. 444/2024 dated 14.11.2024 has been registered for investigation under the relevant provisions of BNS 2023 and the provisions of SC and ST (Prevention of Atrocities) Act, 1989, but the police authorities are yet to seize the caste certificate as also the relevant documents which are in custody of the present petitioner. The petitioner as such is aggrieved by the mode and manner in which the investigation of the case is progressing.

Learned advocate appearing for the State submits that effective steps are being taken by the police authorities.

In view of the contentions advanced by the petitioner, I direct that in case the investigating officer who is a superior officer of police has not effected seizure in respect of the documents which are in custody of the petitioner for prima facie

establishing a case under the relevant provisions of SC and ST (Prevention of Atrocities) Act, 1989, the same if it is handed over to the police authorities be accepted by way of proper seizures. The police authorities having regard to the Special Act would take necessary effective measures for logically concluding the case as effectively as possible. With the aforesaid observations, the writ petition being WPA 30475 of 2024 is disposed of. There will 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.)