Dr. Sukumar Mk Ghosh v. The State Of West Bengal And ORS

27.02.2020.

pk Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 458 of 2020 Dr. Sukumar MK Ghosh -versus The State of West Bengal & Ors.

Dr. Sukumar MK Ghosh Petitioner in person Mr. Debabrata Dhar, AGP, Ms. Paramita Saha For the State The petitioner submits that he is a Human Rights Activist. He was falsely arrested in connection with a criminal case.

The petitioner has made several allegations against the Inspector-in-Charge of Falakata Police Station. He submits that certain untoward incident took place inside the Falakata Police Station on 17th November 2019. He lodged a complaint before the Superintendent of Police, Alipurduar by a letter written by him on 16th December 2019. The petitioner complains that the said representation has not been considered by the said respondent till date.

The learned advocate representing the State respondents submits that a criminal case is pending against the petitioner and pursuant to a complaint lodged against him he was arrested. During his tenure

in the judicial custody he went on a hunger strike. A charge sheet was filed against the petitioner in connection with Falakata P.S. Case No. 661 of 2019 dated 17th November 2019 under Sections 376/511/506 of the Indian Penal Code.

Be that as it may, since it appears that the petitioner has lodged a complaint before the Superintendent of Police, Alipurduar, it is incumbent upon the said respondent to consider and dispose of the said complaint.

In view of the above, the instant writ petition is disposed of by directing the respondent no. 4 being the Superintendent of Police, Alipurduar to consider the representation made by the petitioner on 16th December 2019, strictly in accordance with law, within a period of six weeks from the date of communication of a copy of this order, after giving an opportunity of hearing to the petitioner and to pass a reasoned order and communicate the same to the petitioner within a fortnight thereafter.

It is made clear that this court has not gone into the claim made by the petitioner and all points are left open to be decided by the said respondent at the time of consideration of the representation of the petitioner. W.P.A. No. 458 of 2020 is disposed of.

The report filed by the learned advocate appearing on behalf of the State respondent is retained with the records.

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

( Amrita Sinha, J.)