Alo Mohan Chakraborty v. State Of West Bengal And ORS.

8th January, (AK) W.P.A 8938 of 2020 Alo Mohon Chakraborty Vs.

The State of West Bengal & Ors.

Ms. A. Sinha Ms. Jonaki Saha ...For the Petitioner.

Mr. Amitesh Banerjee ...For the Respondent.

Learned counsel for the petitioner argues that the petitioner's complaint of 2017 against respondent no.4 resulted in a First Information Report being lodged and a criminal case being registered as long back in the year 2017 itself. Respondent no.4 had also lodged a counter complaint against the petitioner. Subsequently, the petitioner was enlarged on bail but, in the meantime, is suffering unnecessary harassment due to the long pendency of the investigation.

Learned senior counsel appearing for the respondent authorities candidly submits that there appears to have been some communication gap, due to which the investigation has not yet been completed. Due to such miscommunication, the respondent authorities failed to file a report, as directed by the Magistrate before whom the criminal case is pending. However, subsequently the respondent authorities approached before the Magistrate and March 4, 2021 has

been fixed as the next date for filing such report which, the respondents ensure, shall be done.

It appears from the materials-on-record and the submissions of the parties that, undoubtedly, there has been an inordinate delay in completion of the investigation.

Accordingly, WPA 8938 of 2020 is disposed of by directing the respondent authorities to proceed expeditiously with the completion of the investigation-inquestion, arising from the complaint and counter complaint of the petitioner and private respondent, and to do the needful in that regard, including filing their report before the concerned Magistrate on the next date fixed. There will be no order as to costs.

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

(Sabyasachi Bhattacharyya, J.)