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Kishor Dey vs State Of West Bengal & Ors on 4 May, 2017


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.)

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