Mohaseed Haseeb Khan v. The State (Union Territory Of Andaman And Nicobar Islands) And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/259/2022 IA No. CAN/1/2022 Mohaseed Haseeb Khan VS The State (Union Territory of Andaman and Nicobar Islands) and others Mr. Deep Chaim Kabir Mr. S.Ajith Prasad ... for the petitioner Mr. Sumit Karmakar ... for the State/Administration Mr. V.D.Sivabalan Mr. Arun S. Kumar ... for the respondent No.5 and 6 April 3, 2024 [AKB] Item No.26 All the learned counsels on behalf of the parties to this writ petition are present.

It is submitted on behalf of the parties that this writ application was filed at the stage of investigation of the case on account of Police inaction for not depicting the correct penal provision in the formal FIR and no investigation was conducted accordingly.

At the initial stage, this Court passed necessary direction upon the investigating authority not to submit charge without the prior leave of this Court. At this state it is submitted on behalf of both the parties the charge sheet has already been prepared after completion of investigation. Learned counsel appearing on behalf of the state respondent has also ratified the completion of investigation and preparation of chargesheet.

Both the learned counsels have submitted before this court that, the issues raised in this writ application may be directed to be raised before the Trial Court and necessary leave be granted to submit the chargesheet before the learned Trial Court.

Given facts and circumstances, Investigating Officer is directed to submit the chargesheet before the learned Trial Court on completion of investigation. Petitioner is at liberty to raise all the issues before the Trial Court at the appropriate stage.

With the aforesaid observation the writ petition alongwith connected application is disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

(Bibhas Ranjan De, J.)