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Judgments of Supreme Court of India and High Courts

Hirenmoy Chakraborty vs The State Of West Bengal & Ors on 17 April, 2017

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776. 17.04.2017 W.P. 10398 (W) of 2017
Aloke Ct. No.28

Hirenmoy Chakraborty
Versus
The State of West Bengal Ors.

Mr. Kajal Mukherjee
Mr. Bikash Chakraborty
… for the petitioner

Ms. Sima Adhikari
… for the State

It is submitted by the petitioner that the private

respondent nos. 4 and 5 are indulging in criminal and

violent activities and a number of criminal cases have been

registered against them. Such cases are not being

effectively investigated and the private respondents are

continuously threatening the petitioner with dire

consequences.

On the other hand, learned counsel appearing for

the State-respondents submits that investigation of the

FIR registered at the behest of the petitioner has been

conducted in an effective manner and charge-sheet being

Dum Dum P.S. Charge Sheet No. 162/17 dated

31.03.2017 under Sections 498A/306/120B of the Indian

Penal Code submitted before the criminal court.

In retaliation to the aforesaid cases, a counter case

has also been lodged against the petitioner by one of the

private respondents being Dum Dum P.S. Case No. 246

dated 20.03.2017 under Sections

307/354B/364A/379/449/506/120B of the Indian Penal

Code. Report is kept with the record. Copy of the report be

handed over to the learned counsel for the petitioner.

Under such circumstances, I direct that the criminal
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cases registered by and between the parties shall be

prosecuted with utmost expedition and in accordance with

law.

Petitioner is at liberty to appear before the criminal

court and ventilate his grievances therein, if so advised.

If the private respondents indulge in further acts of

violence or cause an apprehension of breach of trust and

public tranquility, it shall be open to the petitioner to

bring such fact to the notice of the criminal court which is

in seisin of the aforesaid cases and seek necessary redress

in accordance with law.

With the aforesaid direction, the petition is disposed

of.

(Joymalya Bagchi, J.)

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