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Calcutta High Court (Appellete Side)

(Smt. Sankari Das vs The State Of West Bengal & Ors.) on 1 July, 2016

Author: Dipankar Datta

Bench: Dipankar Datta

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                              W. P. 7959 (W) of 2016
                (Smt. Sankari Das Vs. The State of West Bengal & Ors.)


                 Mr. S. K. Humayan Reza
                                          ......... For the petitioner

                 Mr. Subhabrata Datta
                 Mr. Benazir Ahmed
                                            .......For the State

                 Mr. Debasis Kar
                                          .......For the respdt. no. 5


                 Mr. Datta, learned junior Government advocate representing

             the State has placed before this Bench written instructions

             received by him from the Additional Deputy Commissioner of

             Police,    Detective       Department,    Bidhannagar       Police

             Commissionerate dated 30th June, 2016. The instructions reveal

             that necessary steps have been taken to investigate Airport PS

             F.I.R. No. 49/16 dated 4th March, 2016 under Sections

             354B/////, Indian Penal Code by recording

             statements of all available witnesses under Section 161 of the

             Code of Criminal Procedure (hereafter the 'Cr.P.C.'); issuance of

             notices under Section 41A of the Cr.P.C. to the accused persons;

             the accused persons 1 and 2 having appeared before the

             investigating officer, their statements were duly recorded; injury

             report was sought for from the petitioner which she had not

             delivered till date; and that the statement of the petitioner has
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also been recorded audio-visually. The investigating officer has

also been directed to search for and collect CCTV footage, if

available, for unearthing the truth.

    It appears that the accused have been booked inter alia

under Section 354 of the Indian Penal Code. However, the

instructions are silent as to whether the statement of the

petitioner has been recorded under Section 164 of the Cr.P.C. or

not. Mr. Datta submits that steps in that behalf shall be taken

shortly.

    On behalf of the respondent no. 5, it is submitted that he

shall surrender before the relevant magistrate and seek bail. It is also submitted that the respondent no. 4 has already surrendered and has, in fact, been released on bail. In view of the aforesaid developments, I find no reason to keep the writ petition pending. The same stands disposed of expressing hope and trust that the investigating officer shall conduct and complete investigation in accordance with law and file appropriate police report under Section 173(2) of the Code of Criminal Procedure before the relevant magistrate at an early date.

Any party aggrieved by the police report shall be at liberty to work out his remedy before the magistrate in accordance with law.

There shall, however, be no order for costs. Urgent photostat copy of this order, if applied for, be given to the parties as expeditiously as possible.

( Dipankar Datta, J. )