Afsar Sya @ Afshar Shah v. The State Of West Bengal And ORS.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction 05 20.1.2025 Sc Ct. no. 2 WPA 2631 OF 2024 ------------- Afsar Sya @ Afshar Shah Vs.

The State of West Bengal & Ors.

Mr. Gopal Sah Mr. Tanbir Alam.

....For the Petitioner Ms. Bedashruti Bose Mr. Pradip Sarkar.

....For the State Mr. Nabankur Paul ....For the Private Respondent no.4 Mr. Gopal Sah, learned Advocate appears for the petitioner. Referring to a complaint dated October 8, 2024, Annexure-P5 at page 36 to the writ petition learned advocate for the petitioner submits that, the police complaint was lodged before the jurisdictional Police Station but the police authority has not taken any step further.

Mr. Pradip Sarkar, learned State Advocate led by Ms. Bedashruti Bose, learned State Advocate, who appears through virtual mode appears for the State respondents submits that, the FIR was lodged on November 15, 2025 being FIR No.658 of 2024. The charge-sheet has not yet been submitted.

Mr. Nabankur Paul, learned Advocate appearing for the private respondent no.4 submits that, he is the owner of the subject dumper.

Be that as it may, the jurisdictional police authority shall submit the charge-sheet positively within a period of four weeks from date before the jurisdictional criminal court. The police authority shall take all necessary steps expeditiously in accordance with law. The jurisdictional criminal court is requested to proceed with the criminal trial and conclude it as expeditiously as possible.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

On the above terms this writ petition, WPA 2631 of 2024 stands disposed of without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)