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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.)
