Sl. No. 592
W.P. 12825(W) of 2017
[Kishor Dey -Vs- State of West Bengal Ors.]
Mr. Saheb Banerjee
… … for the petitioner
Mr. Subhabrata Datta,
Mr. Sanatan Panja
… … for the State
Affidavit-of-service filed today in Court be kept with the record.
It is submitted on behalf of the petitioner that inpsite of the direction given by the
learned Magistrate under Section 156(3) of the Code of Criminal Procedure, police
authorities have failed and/or neglected to register a criminal case against the accused
Report is filed on behalf of the State-respondents wherefrom it appears that Purba
Burdwan Women P.S. Case No. 105/17 dated 3rd May, 2017 under Sections
120B/420/406/498A/341 IPC, Section 4 of the Dowry Prohibition Act and Sections 3/16 of
the POCSO Act, 2012 has already been registered for investigation and statements of
witnesses have been recorded under Section 161 of the Code of Criminal Procedure. The
said report be kept with the record. Copy of the report be handed over to the learned
advocate for the petitioner.
In view of the nature of controversy including the allegations of commission of
offences under the provisions of the POCSO Act, I direct the Investigating Agency to
record the statement of the victim under Section 164 of the Code of Criminal Procedure
and to proceed with the investigation in a fair and impartial manner exploring all angles
including the concerns of the petitioner and to conclude the same at an early date.
With the aforesaid direction, the writ petition is disposed of.
Since no affidavit-in-opposition has been called for, the allegations made in the writ
application are deemed to have been not admitted by the respondents.
There shall be no order as to costs.
Photostat certified copy of this order, if applied for, be given to the parties on usual
(Joymalya Bagchi, J.)