Calcutta High CourtWPA/1362/2024disposed

Subrata Dey v. Union Of India And ORS

2025-01-08Hon'Ble Justice Tirthankar Ghosh2 pages

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Circuit Bench At Jalpaiguri Constitutional Writ Jurisdiction Appellate Side W.P.A. 1362 of 2024 Subrata Dey VS Union of India & Ors.

Mr. Sabyasachi Chatterjee, Mr. Badrul Karim, Mr. Krishna Barman ... for the petitioner.

Mr. Sudipto Kumar Mazumdar, ld. DSGI, Mr. Sourab Kar ... for the Union of India.

Mr. Joyjit Choudhury, ld. AAG, Ms. Bedashruti Bose, Mr. Pradip Sarkar ... for the State.

Mr. Amales Ray, Ms. Prerna Mitra ... for the respondent nos. 15, 18 & 19.

Supplementary affidavit filed on behalf of the 08.01.2025 Item No.30 dc.

petitioner be kept with the record.

The petitioner is still aggrieved by the investigation having been concluded and the principal accused having been brought to the fold of law. The petitioner would approach the jurisdictional court under the changed circumstances and pray for supply of copies prior to preferring any application under Section 173(8) of the Code of Criminal Procedure, if so advised.

Learned Magistrate on such an application of the petitioner would supply the documents relied

upon by the prosecution to arrive at its finding within a period of fifteen days from the date of filing of the application. Thereafter within a period of fortnight, the application under Section 173(8) of the Code of Criminal Procedure should be filed before the jurisdictional Magistrate, if so advised. In case such an application is filed, the learned Magistrate would dispose of the same within a period of 45 days from the date of filing of the said application.

With the aforesaid observations, the writ petition being WPA 1362 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)