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Calcutta High CourtWPA/7954/2020disposed

Pooja Agarwal v. State Of West Bengal And ORS.

2020-11-20Hon'Ble Justice Debangsu Basak3 pages

18.

20.11.2020 S.D.

W.P.A. 7954 of 2020 Smt. Pooja Agrawal Vs.

The State of West Bengal & Ors.

Mr. Abhishek Halder Mr. Arkaprava Sen Mr. Chiranjib Sinha Mr. Sayak Chakrabarti ... for the Petitioner.

Mr. Subhabrata Datta ....For the State.

Mr. Debashis Sarkar ...For the Respondent.

Petitioner complains of police inaction.

Learned Advocate appearing on behalf of the petitioner submits that, the complaint of the petitioner was registered as First Information Report being Kasba Police Station Case No. 40, dated January 21, 2020, inter alia under Section 498 A of the Indian Penal Code. He submits that, subsequently there is a complaint dated August 13, 2020 on which the police authorities are inactive.

`Learned Advocate appearing on behalf of the State on instruction submits that, the first complaint of the petitioner on January 20, 2020 was registered as First Information Report and that, the investigation with regard thereto is in progress. So far as the second complaint is concerned, the allegation that the accused tried to snatch child from the custody of the petitioner was enquired into and it was found that, the child is in the custody of the petitioner.

Learned Advocate appearing on behalf of the petitioner points out the contents of the complaint dated August 13, 2020. He submits that, apart from the attempt of snatching the child, there were assaults upon the petitioner. Such portions of the complaint discloses commission of cognizable offences. He submits that, the police should take action on such complaint. In such circumstances, since the complaint dated August 13, 2020 discloses commission of cognizable offences, it would be appropriate to direct the police authorities to treat the complaint dated August 13, 2020 as a First Information Report and investigate thereon. The police authorities are at liberty to submit appropriate report to the Jurisdictional Court upon conclusion of the investigation in respect of the First Information Report as also the First Information Report to be registered on the basis of the complaint dated August 13, 2020.

W.P.A. 7954 of 2020 is disposed of accordingly. No order as to cots.

(Debangsu Basak, J.)