Toshima Khatun@Toshmina Khatun v. The State Of West Bengal And ORS

01.03.2023 d.p.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A 352 of 2023 Toshima Khatun @ Toshmina Khatun -versus The State of West Bengal & Ors.

Mr. Arijit Ghosh.

...For the Petitioner.

Mr. Subir Kumar Saha, AGP, Mr. Momenur Rahman.

...For the State.

Affidavit-of-service filed in Court today is taken on record.

Leave is granted to the learned advocate appearing for the petitioner to correct the typographical error in the description of the petitioner, the respondent no.2 and the name of the District in the cause title of the writ petition.

The petitioner complains that the police is not taking steps to investigate and enquire the complaint lodged by her mother on 21st October, 2022 and the further complaint lodged by her on 3rd January, 2023. Learned advocate appearing for the State respondents has obtained instruction wherefrom it appears that the complaint lodged in October 2022 was investigated and the Investigating Officer fixed up the identity of all the 9 (nine) accused persons including (6) six persons involved behind gang rape of the petitioner.

Charge-sheet has been submitted against all the nine (9) accused persons vide Jaigaon P.S. Chargesheet No. 25/23 dated 18th February, 2023 under Sections 363/364C/365/376D IPC with provision to submit further police report in terms of Section 173(8) CrPC.

From the instructions given by the Officer-inCharge, Jaigaon Police Station signed on 27th February, 2023, it appears that though the complaint of the mother of the petitioner has been investigated but no step appears to have been taken in response to the complaint lodged by the petitioner in January 2023. In view of the above, the present writ petition is disposed of by directing the Superintendent of Police, Alipurduar to take steps in response to the complaint lodged by the petitioner on 3rd January, 2023 in accordance with law.

Instruction given by the Officer-in-Charge, Jaigoan Police Station signed on 27th February, 2023 is retained with the record.

The writ petition stands disposed of.

Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)