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Tapan Kumar Biswas vs The State Of West Bengal & Ors on 19 June, 2017


W.P. 15569(W) of 2017
604 19.06.17
Tapan Kumar Biswas
The State of West Bengal Ors.

Mr. Sunirmal Nag
…..for the petitioner.
Mr. Supriya Chattapadhyay,
Mr. Lal Mohan Basu
…..for the State.

Petitioner was subjected to physical assault

resulting in head injury and criminal case was

registered over such issue is not being investigated

properly. It is further submitted that graver

offences ought to have been added to the array of

offences in the charge-sheet, but the same was not


Report is filed on behalf of the State

wherefrom it appears that on the complaint of the

petitioner Bagdah P.S. Case No.400 dated

30.05.2017 under Section 341/325/34 IPC was

instituted against the private respondents and in

conclusion of investigation, Bagdah P.S. Chage-

sheet No.466 dated 15.06.2017 under Section

341/323/34 IPC has been filed before the criminal

court. It has also been stated in the petition that

wife of the petitioner has instituted proceeding

being Bagdah P.S. Case No.401 dated 30.05.2017

under Section 498A/323/325 IPC against the

petitioner. Notices for appearance in respect of the

said investigation were issued upon the petitioner

but he has not responded thereto.

Report is kept with record. Copy of the

report be handed over to the learned counsel for

the petitioner.

In view of such fact, I observe that it shall

be open to the petitioner to appear before the

criminal court and seek necessary redress in

accordance with law.

With the aforesaid observation, the writ

petition is disposed of.

Affidavit-in-opposition having not been

called upon the allegations made in the writ

petition are not deemed to be admitted by the


Certified copy of this order, if applied for, be

given to the parties on priority basis.

(Joymalya Baghi, J.)

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