Ayasha Julekha Mondal vs State Of West Bengal & Ors
2021 Latest Caselaw 5601 Cal

Form No. J(2)

                           IN THE HIGH COURT AT CALCUTTA
                               Constitutional Writ Jurisdiction
                                       Appellate Side

Present:
The Hon'ble Justice Jay Sengupta


                                    WPA 17463 of 2021

                             AYASHA JULEKHA MONDAL
                                       Vs.
                           STATE OF WEST BENGAL & ORS.



For the Petitioner            :      Mr. Arunava Ganguly
                                     Mr. Sani Hossain

For the State                 :      Mr. Jahar Datta
                                     Mr. Ram Mohan Pal
                                     Mr. Lal Mohan Basu


Heard on                       :     3rd November 2021

Judgment on :                  :     3rd November 2021



The Court:



       This is an application challenging police inaction in respect of a case started by

the victim / petitioner.

       Affidavit of service filed on behalf of the petitioner is taken on record.

       A report as filed on behalf of the State is also taken on record.

       Learned counsel appearing on behalf of the petitioner submits as follows. The

accused committed assault on the victim and attempted to ravish the petitioner.
 Accordingly, a First Information Report was lodged on 01.10.2021. However, the

investigation has not been completed as yet and no discernible steps have been

taken by the Investigating Agency in this regard.

       Learned counsel appearing on behalf of the State relies on the report filed and

submits as follows. Investigation is going on in this case in full swing. Except for one,

all the other accused were arrested. One accused is, however, absconding and

attempts are being made to apprehend him. There is no inaction or negligence

whatsoever in conducting investigation in this case, which is proceeding smoothly. In

due course, a report would be submitted.

       I have heard the submissions of the learned counsels for the appearing parties

and have perused the writ petition and the report filed by the State.

       It appears that after institution of the case, the police has started investigating

the same and arrested some accused.

       According to the Investigating agency, the investigation is being duly carried

on.

       I find no material to indicate that there is any negligence or police inaction, as

alleged by the petitioner or at all, on the part of the Investigating Agency in conducting

the investigation in this case.

       Accordingly, I find no merit in this writ petition and the same is dismissed.

       There shall, however, be no order as to costs.

       However, the respondent authorities shall carry on the investigation properly

and take to its logical conclusion at the earliest.

With these observations, the writ petition is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the

parties, upon completion of requisite formalities.

(JAY SENGUPTA,J )

SB/PM