Xxx v. State Of West Bengal And ORS.

09.01.2025 Court No. 2

IN THE HIGH COURT AT CALCUTTA

Circuit Bench At Jalpaiguri Constitutional Writ Jurisdiction Appellate Side W.P.A. 2576 of 2024 XXX VS The State of West Bengal & Ors.

Mr. Samim Ahmed, Ms. Esha Acharye.

... for the Petitioner.

Mr. Joyjit Chowdhury, Ld. AGG., Mr. Subir Kumar Saha, Ld. AGP., Ms. Bedashruti Bose, Mr. Sandip Guha Roy.

... for the State.

Report submitted by Mr. Chowdhury, learned Item No.4 Rakib.

Additional Advocate General appearing on behalf of the State be kept with the record.

The investigation of the case has already been concluded and it reflects that the investigating authorities have also collected the CFSL Report. According to the prosecution charge has already been framed before the learned Trial Court/Special Court. So, the prosecution should expedite the trial for taking it to its logical conclusion within a reasonable period of time.

The anxiety of the learned Advocate appearing for the petitioner at present is that the compensation

which has been granted has not yet been received by the family of the victim.

Mr. Chowdhury, submits that there are certain compliances to be made for withdrawing and/or assigning the money in favour of the family of the individual representing the victim's family.

Record reflects that the amount has been earmarked and assigned. Affidavits are to be filed for disbursement in compliance with the relevant rules. In view of the background of the family of the victim who may not have sufficient knowledge regarding the mode of receipt of Government money by way of compensation, the learned Special Court would ensure that the advocate representing the de facto complainant would files such affidavits to facilitate the authorities for disbursement of compensation which has already been earmarked.

The trial Court would ensure that the compensation which has been earmarked by the Government is disbursed within a period of four weeks from the date of communication of the order after compliance with all the requisites.

With the aforesaid observations WPA 2576 of 2024 is disposed of.

Pending connected application, if any, is consequently disposed of.

Learned Registrar, High Court Calcutta, Circuit Bench at Jalpaiguri will communicate this order to the learned Special Court.

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.)