Satul Sarkar v. The State Of West Bengal And ORS.
Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side 19 30.1.2025 Sc Ct. no. 2 WPA 288 OF 2025 ------------- Shri Satul Sarkar Vs.
The State of West Bengal & Ors.
Mr. Debdutta Sen Mr. Alokesh Dalai Ms. Smita Sinha Mitra.
....For the Petitioner Mr. Subir Kumar Saha, AGP Mr. Hirak Barman.
....For the State Affidavit-of-service, filed today in Court, is taken on record.
Mr. Debdutta Sen, learned Senior Advocate with Mr. Alokesh Dalai, learned Advocate appears through virtual mode with Ms. Smita Sinha Mitra, learned Advocate for the petitioner.
Mr.
Subir Kumar Saha, learned Additional Government Pleader with Mr. Hirak Barman, learned State Advocate appears for the State respondents. None appears for the private respondents, despite notice.
Referring to the complaint dated December 31, 2024, Annexure-P4 at page 33 to the writ petition the petitioner submits that, the jurisdictional police
authority has not taken any further step and hence, the police inaction.
Learned Additional Government Pleader submits a report dated January 28, 2025, issued under the seal and signature of the Officer-in-Charge, Kumargram Police Station, Alipurduar, the same is taken on record. Copy shall be furnished to the learned advocate-on-record for the petitioner in course of the day.
The report shows that, the jurisdictional police authority has already recorded Police Station Case No.11 of 2025 dated January 26, 2025 and the charges are alleged under the relevant provisions of the Bharatiya Nyaya Sanhita, 2023.
Learned Additional Government Pleader assured this Court that, the local police authority has been proceeding expeditiously in accordance with law. In view of the above, the police authority shall submit the chargesheet within a period of six weeks from the date of communication of this order before the jurisdictional criminal court.
The jurisdictional criminal Court is requested to proceed with the criminal trial and come to its logical conclusion expeditiously in accordance with law. In the event the petitioner applies seeking police protection before the jurisdictional police authority, the
jurisdictional police authority shall consider the same and if it finds necessary shall give the police protection to the petitioner on usual terms upon depositing all statutory charges.
Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
With the above observations and directions this writ petition, WPA 288 of 2025 stands disposed of, without any order as to costs.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)