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[Cites 1, Cited by 1]

Calcutta High Court (Appellete Side)

Nurul Hasan Sardar vs The State Of West Bengal & Ors on 5 July, 2022

Author: Shampa Sarkar

Bench: Shampa Sarkar

 5.7.2022
Court No. 19
Item no.38
   sn
                                WPA No. 9626 of 2022

                             Nurul Hasan Sardar
                                      Vs.
                          The State of West Bengal & ors.



               Mr. Anjan Duta                ....for the petitioner.

               Mr. Subhabrata Dutta              ..for the State


                     The allegations       are   serious.     It   has   been

               specifically contended that the principal accused has

               not yet been arrested by the concerned investigating

               officer, even after the rejection of the application for

               anticipatory bail. It is contended that the accused is

               roaming around scot free and the investigating officer

               was   seen   sharing    a    stage    with    the    accused.

               Photograph has been annexed.

                     The matter relates to Basanti Police Case No.

               418 of 2018 dated July 24, 2021.

                     The specific allegation is that the victim

               sustained bullet injuries, but was not forwarded by

               the concerned investigating officer before the learned

               Jurisdictional     Magistrate        for     recording     the

               statements under Section 164 of the Code of

               Criminal Procedure. Provisions of Arms Act and the

               Explosive Substances Act, have also been attracted

               as per the police report.
                                2




      Let the matter appear in the list on July12,

2022 under the heading " Top Fixed Matter".

      Mr. Subhabrata Dutta, learned advocate for

the State respondents shall come back with proper

instructions upon consulting the concerned Superintendent of Police, as to whether the investigation shall be retained by the present investigating officer or should be handed over to another officer.

(Shampa Sarkar, J.)