Xxx v. The Secretary Department Of Home And Hill Affairs And ORS

16.12.2024 Court No. 03 Item No.08 (Suvendu) CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

WPA 2577of 2024 XXX -Versus- The Secretary Department of Home and Hill Affairs, Government of West Bengal & Ors.

Mr. Sandip Guha Roy Mr. Ananda Paul ....for the petitioner Mr. Bedashruti Bose Mr. Sumit Kunmar .....for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Mother of a victim girl has approached this Court with the present writ petition for arrest of accused being respondent no. 8.

According to the petitioner, respondent no.

8 was not apprehended in connection with FIR lodged by the petitioner.

Today, learned advocate representing the concerned police authority has submitted a report of the Officer-in-Charge, Sadar Women Police Station, District -Cooch Behar, wherefrom

it appears that respondent no. 8 was arrested on 10th November, in connection with Sessions Case no. 25/19 under Sections 341/325/307/379/34 of the Indian Penal Code.

It is also stated in the said report that the concerned Investigating Officer submitted prayer for production and arrest of respondent no. 8 before the learned Judge, POCSO Court, ADJ 2nd Court, Sadar, Cooch Behar and same was allowed on 11th November, 2024. Such report dated 5th December, 2024 filed on behalf of the concerned police authority is takn on record. Since this writ petition was filed for arrest of respondent no. 8 and by filing report dated 5th December, 2024, it has been apprised to this Court that accused being respondent no. 8 has already been arrested on 10th November, 2024 though in connection with separate criminal case but he has already been implicated in connection with criminal proceeding which has been initiated based on FIR lodged by the petitioner, no further order need be passed at this stage.

Hence, the writ petition stands disposed of.

However, concerned investigating authority is directed to expedite the investigation by taking necessary steps.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)