Sangita Sitani v. The State Of West Bengal And ORS.

04.03.2020 b.das Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA 265 of 2020 Sangita Sitani -versusThe State of West Bengal & Ors.

Mr. Partha Sarathi Dev Barman Ms. Madhushri Dutta Majumdar ...For the Petitioner.

Mr. Debabrata Dhar (AGP) Ms. Paramita Sahu ...For the State.

Mr. Kallal Ghosh ...for the Respondent No.4 The petitioner prays for a direction upon the respondents "to complete all effective measures in the instant case to bring the respondent No.4 into the jurisdiction of the competent court and undertaking by his arrest, having no order from competent court of law for not taking custody of the respondent No.4." Such prayer, on its face, is inherently absurd and no mandamus can be issued on the basis of such prayer.

The petitioner, however, filed an application before the learned Chief Judicial Magistrate under Section 156

(3) of the Criminal Procedure Code, 1973 which ultimately resulted in registering of FIR against the private respondent.

Learned Advocate appearing for the State submits that the investigation is complete, and a charge-sheet is also submitted against the said private respondent. Nothing remains to be decided in this petition. In view of the submission of the charge-sheet, the writ

petition being WPA 256 of 2020 is disposed of without any order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties as early as possible.

(Kausik Chanda, J.)