Israil Sk. Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

Israil Sk. Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued to the learned Magistrate seized of Berhampore P.S. Case No.1096/2023 to obtain a non-execution report from the police for the warrant of arrest and thereafter take steps per law relating to proclamation and/or attachment; petitioner at liberty to seek further investigation before the jurisdictional Court if aggrieved with the merits of the investigation; State's report kept with the record and a copy handed over to the petitioner's learned advocate; writ petition disposed of with no order as to costs.

Issue for consideration

Whether judicial intervention/directions were warranted in view of the petitioner's grievance over the manner in which Berhampore P.S. Case No.1096/2023 is progressing.

Court's answer

The learned Magistrate in seisin of Berhampore P.S. Case No.1096/2023 is to ensure that a non-execution report is received from the police authorities in respect of the warrant of arrest issued, and thereafter to proceed for taking steps in accordance with law relating to proclamation and/or attachment.

Ratio / Principle

If the petitioner is aggrieved regarding the merits of the investigation, he may take out an appropriate application for further investigation before the jurisdictional Court.

Detailed headnote1 paragraphs

WPA 759 of 2024 (Israil Sk v. The State of West Bengal & Ors.), dated 12.11.2024, sole judge Tirthankar Ghosh, J.: disposed of. Petitioner aggrieved at the progress of Berhampore P.S. Case No.1096/2023 (registered November 30, 2023). State report: kidnapped victims recovered; their statements under Section 164 Cr.P.C. recorded before the Judicial Magistrate; charge-sheet submitted before the jurisdictional Court; warrant-of-arrest prayer advanced; accused evading arrest. Directions: the learned Magistrate to ensure a police non-execution report for the issued warrant of arrest and thereafter take lawful steps of proclamation and/or attachment; petitioner may seek further investigation before the jurisdictional Court if dissatisfied with the merits of the investigation; report kept on record, copy handed to petitioner's counsel; no order as to costs.

1

D/L 56 12.11.2024 Rohit/Aritra ct.no.35

WPA 759 of 2024 Israil Sk Versus

The State of West Bengal & Ors.

Mr. Anjan Bhattacharya, Ms. Srijani H. Mondal …for the petitioner Mr. Ansar Mondal, Ld. AGP Mr. Asish Dutta ….for the State

Affidavit of service filed in Court today is kept

with the record.

Petitioner is aggrieved by the manner in which Berhampore P.S. Case No.1096/2023 is progressing.

State has submitted a report which reflects that kidnapped victims were recovered and their statements under Section 164 Cr.P.C. was recorded before the Judicial Magistrate. On conclusion of investigation charge-sheet has been submitted before the jurisdictional Court and prayer for warrant of arrest has been advanced before the Court, as the case was registered on November 30, 2023 and the police authorities have arrived at their conclusion.

Report also reflects that the accused persons are evading the process of law.

2

The learned Magistrate in seisin of Berhampore P.S. Case No.1096/2023 will ensure that a non-execution report is received from the police authorities in respect of the warrant of arrest issued and thereafter proceed for taking steps in accordance with law relating to proclamation and/or attachment.

If the petitioner is aggrieved regarding the merits of the investigation petitioner would take out an appropriate application for further investigation before the jurisdictional Court.

Report submitted be kept with the record. A copy of the report be handed over to the learned advocate appearing on behalf of the petitioner.

With the aforesaid observations, the writ petition being WPA 759 of 2024 is disposed of.

There shall be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)