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Judgments of Supreme Court of India and High Courts

Smt. Antara Seal vs The State Of West Bengal & Ors on 1 October, 2018

1

78 IN THE HIGH COURT AT CALCUTTA
01.10.2018 CONSTITUTIONAL WRIT JURISDICTION
sb.
APPELLATE SIDE

WP 26606 (W) of 2013
Smt. Antara Seal
Vs.
The State of West Bengal Ors.

Mr. Bidyut Baran Biswas
… For the petitioner.

Mr. Animesh Kanti Ghosal,
Mr. Bhakti Prasad Das
…For the State.

By an order dated 18th November, 2013, the

Criminal Investigation Department was directed to

investigate into the matter, including the allegations

of inappropriate behaviour made by the petitioner

against the police personnel of Bizpur Police Station.

Mr. Ghosal, learned senior advocate

appearing on behalf of the State, hands over two

sealed envelopes – containing the status report – in

connection with Bizpur Police Station Case

No.158/13 dated 23rd May, 2013 under Section

498A/34 IPC, in reference to the instant writ petition.

The sealed envelopes are opened in Court.

On opening the sealed envelopes, it appears

that both the reports are more or less same. However,
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from the report bearing the signature of OC, POWC

Cell, CID, West Bengal, dated 17th August, 2018, it

appears that the Bizpur Police Station Case

No.158/13 dated 23rd May, 2013 under Section

498A/34 IPC has ended in charge-sheet by Bizpur

P.S. charge-sheet no.346 dated 30th October, 2016,

under Section 498A/406 IPC and 3/4 of Dowry

Prohibition Act against three (3) FIR named accused

persons, namely, Shri Sanjay Seal S/o Shri B.C.

Seal, Shri Bhanu Chandra Seal S/o J. N. Seal and

Smt. Geeta Seal W/o Bhanu Chandra Seal, all are

residents of 26, Sashi Babu Road, P.O. Kanchrapara,

P.S. Bizpur, District – North 24 Parganas.

After considering the report, it appears that

pursuant to the filing of the charge-sheet, the

criminal case has proceeded. The writ petitioner and

the respondent no.6, have to have the issues

adjudicated before the competent Court in seisin of

the criminal proceedings. The allegation of

inappropriate behaviour by the police personnel

against the writ petitioner is also not borne out from

the report. There is also no further allegation as to

inappropriate behaviour at the present.
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In such circumstances, nothing further

remains to be adjudicated in the writ petition and the

same is disposed of without there being any further

order as also without any order to costs. It is

expected that the police personnel now looking after

the case will render all co-operation to the writ

petitioner being the de facto complainant.

The reports so filed are again sealed and

retained with the record.

Urgent photostat certified copy of this

order, if applied for, be given to the parties upon

compliance with all requisite formalities.

(Arindam Mukherjee, J.)

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