Arko Provo Dutta v. State Of West Bengal And ORS.

D/L 80 24.01.2025 Bpg.

ct.no.35 W.P.A.30125 of 2024 Arko Pravo Dutta

Versus

The State of West Bengal & Ors.

Mr. Sourodeep Singha.

...for the petitioner.

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

...for the State-respondents.

Mr. Rhiddhiman Mukherjee Mr. Soujanyo Pattanayak.

...for the respondent nos.6 to 8.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner is aggrieved by the fact that in spite of Malda P.S. Case No.151 of 2024 dated 20.03.2024 being registered and subsequently charge-sheet submitted before the jurisdictional court under Sections 307/120B of the Indian Penal Code amongst others, police authorities have not taken efforts for arresting the respondent nos.6 to 8. Further complaint of the petitioner is that in spite of allegations of snatching being there, police authorities did not add relevant provision of law while submitting the charge-sheet.

State has submitted a report. Report reflects that the respondent nos.6 to 8 have been granted bail. As such, the police did not have any scope to arrest the respondents. Learned advocate submits that the bail was obtained at a stage when there were no addition of sections. If the petitioner is worried regarding the bail of the respondent nos.6 to 8, appropriate application is to be filed before the court which granted bail. So far as the other complaint regarding the sections are concerned, appropriate statutory provisions are to be invoked before the jurisdictional court.

Learned advocate for the private respondent nos.6 to 8 submits that the accusations and/or allegations in the writ petition are devoid of merit and, as such, the writ petition should not be entertained.

Be that as it may, in view of the report submitted by the State and the observations made above, petitioner would be at liberty to take appropriate steps before the jurisdictional court in seisin of the matter.

With the aforesaid observations, WPA 30125 of 2024 is disposed of.

There will be no order as to costs.

Report submitted by the State be kept with the record.

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

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

(Tirthankar Ghosh, J.)