Deepa Ray v. State Of West Bengal And ORS

27-06.2019 Court No.3 Sh/17.

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI WRIT APPELLATE JURISDICTION APPELLATE SIDE W.P.A. 91 of 2019 Deepa Ray. . . . Petitioner.

Vs.

The State of West Bengal & Ors. .Respondents. Mr. Debjit Kundu.

. . .For the Petitioner.

Mr. Bikramaditya Ghosh.

. . .For the State.

The petitioner has filed the instant writ petition praying for issuance of Writ in the nature of Mandamus commanding the respondent authorities to take proper step for a fresh and independent enquiry or investigation by the competent person or any authority or Criminal Investigation Department (CID) other than police authority of that concerned case.

It appears that charge sheet has been filed in connection with NJP Police Station Case No. 439/2018 dated 20th June, 2018 under Section 21( c )/22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the husband of the petitioner. The husband of the petitioner was arrested on June 20, 2018 and he is still in custody. The petitioner alleges that the investigation is not being carried out in a proper manner and thus filed the instant writ petition. First Information Report has been lodged and charge-sheet has been filed, but the learned advocate appearing on behalf of

the State fails to apprise this Court as to whether charge has been framed or not.

As such, no interference is called for under Article 226 of the Constitution of India and accordingly the instant writ petition is dismissed without any order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the learned advocates appearing for the parties expeditiously on compliance of all requisite formalities.

(HIRANMAY BHATTACHARYYA, J.)