Indranath Basu v. State Of West Bengal And ORS.

07.04.2021 TN WPA 11327 of 2020 (Via video conference) Indranath Basu Vs.

The State of West Bengal and others Mr. Sandip Ghosh, Mr. Partha Sarkar ... for the petitioner Mr. Ranjit Rajat .... for the State-respondent Mr. Subrata Kumar Sinha ... for the respondent no.6 The grievance of the petitioner is that, despite investigation having commenced on an FIR lodged on the complaint of the petitioner and an order having been passed previously by a co-ordinate Bench seeking a report, the respondent-authorities are sitting tight over the matter. It is contended that only after getting notice of the previous writ petition, the police authorities started investigation, on which premise the previous writ petition was disposed of. However, it is alleged that no effective steps are being taken by the police thereafter.

Learned counsel appearing for the Staterespondent files a report in the form of instruction, authored by respondent no.3, which indicates that the police were prima facie satisfied on enquiry that the accused persons had committed the offence, but since the latter could not be traced out, the police were compelled to file a charge-sheet with liberty to file supplementary charge-sheet later.

In view of such report, it appears that the grievance of the petitioner has been substantially mitigated and the investigation has already culminated in a charge-sheet with liberty being sought by the police to file supplementary charge-sheet.

Being thus satisfied that the respondentauthorities have taken sufficient steps with regard to the investigation, WPA 11327 of 2020 is disposed of by granting the petitioner liberty to approach the appropriate criminal court in the event the petitioner is dissatisfied with the charges disclosed in the charge-sheet and/or has ancillary grievances.

There will be no order as to costs.

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

(Sabyasachi Bhattacharyya, J.)