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W.P. 15569(W) of 2017
604 19.06.17
rkd
Tapan Kumar Biswas
-vs-
The State of West Bengal Ors.
Mr. Sunirmal Nag
…..for the petitioner.
Mr. Supriya Chattapadhyay,
Mr. Lal Mohan Basu
…..for the State.
Petitioner was subjected to physical assault
resulting in head injury and criminal case was
registered over such issue is not being investigated
properly. It is further submitted that graver
offences ought to have been added to the array of
offences in the charge-sheet, but the same was not
done.
Report is filed on behalf of the State
wherefrom it appears that on the complaint of the
petitioner Bagdah P.S. Case No.400 dated
30.05.2017 under Section 341/325/34 IPC was
instituted against the private respondents and in
conclusion of investigation, Bagdah P.S. Chage-
sheet No.466 dated 15.06.2017 under Section
341/323/34 IPC has been filed before the criminal
court. It has also been stated in the petition that
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wife of the petitioner has instituted proceeding
being Bagdah P.S. Case No.401 dated 30.05.2017
under Section 498A/323/325 IPC against the
petitioner. Notices for appearance in respect of the
said investigation were issued upon the petitioner
but he has not responded thereto.
Report is kept with record. Copy of the
report be handed over to the learned counsel for
the petitioner.
In view of such fact, I observe that it shall
be open to the petitioner to appear before the
criminal court and seek necessary redress in
accordance with law.
With the aforesaid observation, the writ
petition is disposed of.
Affidavit-in-opposition having not been
called upon the allegations made in the writ
petition are not deemed to be admitted by the
respondents.
Certified copy of this order, if applied for, be
given to the parties on priority basis.
(Joymalya Baghi, J.)
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