Bibhas Chandra Panda And ANR v. State Of West Bengal And ORS.

27.01.2025 W.P.A. 30797 of 2024 Item No.61 Ct. No.35 dc.

Sri Bibhas Chandra Panda & Anr.

versus The State of West Bengal & Ors.

Mr. Sumanta Chakraborti, Ms. Nandita Baksi, Ms. Rinki Saha ... For the Petitioners.

Mr. Ritesh Kumar Ganguly ... For the State. Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The petitioners are aggrieved by the progress of Contai Police Station Case No. 17 of 2024 which was registered on 05.01.2024. State has submitted a report which reflects that the police authorities have examined majority of the witnesses and collected materials in support of the accusations which have been made, but as submitted by the learned advocate appearing for the State that since some of the accused persons are still evading the process of law, charge-sheet has not been submitted in connection with the instant case. In view of the fact that the police authorities have collected materials to their satisfaction, I direct that within a period of six weeks, the police authorities would take efforts to file their report under Section 173 of the Code of Criminal

Procedure irrespective of the fact that whether all the accused persons are arrested or not.

It is further directed that the police authorities would pray for harsher process of law before the learned jurisdictional court in respect of the accused persons who could not be traced in course of investigation and the learned Magistrate would respond to the same by adhering to the provisions of law.

Having regard to the purpose for which the present writ petition has been preferred, I am of the view that the directions passed above, should be complied with, in letter and spirit so that the petitioners who have initiated the case do not feel aggrieved regarding the steps taken by the investigating agency.

With the aforesaid observations, the writ petition being WPA 30797 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.)