Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Swapna Mohanta @ Shapna Mohanta on 19 December, 2016
Author: Patherya
Bench: Patherya
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19. 12 .2016 C.R.M. 9233 of 2016.
ORDER PASSED In the matter of: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 24th October, 2016 in connection with Bhaktinagar Police Station Case No. 952 of 2016 dated 29.6.2016 under Sections 354A/354C/509/376/380/34 of the Indian Penal Code.
And In the matter of : Swapna Mohanta @ Shapna Mohanta ... Petitioner Mr. Soumya Kundu For the State It is submitted by State Counsel that he has been briefed in the matter since 24th October, 2016 and all attempts to get the case diary has been in futility. In spite of repeated requests made to the Investigating Officer, no step has been taken by the said Investigating Officer to dispatch the case diary or a Photostat copy thereof.
Therefore, the Investigating Officer of Bhaktinagar Police Station is directed to appear before this court on the next date of hearing with the case diary. The day on which the Investigating Officer appears before this court will not be treated as on duty but will be counted as "leave" taken by him.
This order is necessary as in spite of repeated requests made by State Counsel no step has been taken till date by the Investigating 2 Officer to send the case diary and because of the delay on the part of the Investigating Officer to dispatch the case diary, his presence is required.
Matter to appear in the list on 3rd January, 2017. Certified copy of this order, if applied for, be given to the parties on priority basis.
( Patherya, J.) ( Debi Prosad Dey, J. ) 3