Shri Susheel Dixit v. The Superintendent Of Police And Another

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/90/2023 Shri Susheel Dixit Vs.

The Superintendent of Police and another Mr.Gopala Binnu Kumar Mr. S.Goldar ... for the petitioner Mr. Sumit Karmakar ... for the respondents January 20, 2023 [SR] Item No.2 The writ application is against the alleged inaction on the part of the investigating agency to proceed with the investigation with utmost expedition, pursuant to the direction given by the learned Magistrate recorded under section 156(3) of the Cr.P.C.

Learned advocate representing the writ petitioner submits that the occurrence was held on 27th November, 2020 and on the next date, the matter was reported to the Police Station requesting the concerned officer in charge to register a specific case for the redressal of the grievance set out in the complaint submitted to the Police Station. Since no action could be taken thereafter by the Police Authority, the writ petitioner filed an application under section 156(3) of Cr.P.C. and in connection therein there has been direction recorded by the learned Magistrate directing the concerned Officer in charge of Police Station to register a case and undertake investigation. The grievance raised by the

petitioner is that the progress of the investigation could not be made known to the writ petitioner/defacto complainant till date, and the writ petitioner, as such, is left at dark about the growth of the investigation, if there by any, reached in the meantime.

Mr. Sumit Karmakar, learned advocate representing the State respondent submits that in the meantime, the investigation has fairly proceeded and there has been culmination of investigation already reached ending in charge sheet, which would be submitted shortly before the Court in accordance with law.

In view of such submission, the writ application stands disposed of directing the respondent authorities to ensure expeditious submission of charge sheet to the court below within a shortest possible period.

This order would not, however, prevent the learned Court below to issue a notice to the defacto complainant upon receipt of the charge sheet in accordance with law. The revisional application stands disposed of. ( Subhasis Dasgupta, J. )