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Calcutta High Court · body

2025 DAILYLAW 43591 (CAL)

JOSINA BIBI v. THE STATE OF WEST BENGAL AND ORS.

WPA/24361/2022 · 2025-03-20

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sl.No. 3 Court No. 35 G.S.Das 20.03.2025 WPA 24361 of 2022 Josina Bibi -Vs- The State of West Bengal & Ors. Mr. S. K. Humayan Reza … for the Petitioner(s) The petitioner was aggrieved by the fact that her representation has not been considered in respect of the investigation carried out in connection with Contai P.S. Case No. 357 of 2022 dated 4.09.2022. The petitioner, as such, wanted transfer of the investigation. The records of the case speak that the writ petition earlier appeared on 17th May, 2023 when, none appeared on behalf of the petitioner, so the writ petition was dismissed for default. The writ petition, thereafter, was restored. Today, again, after the prayer was advanced for up-gradation, an accommodation has been prayed for by the learned advocate for the petitioner. I have considered the prayer of the writ petitioner which is for transfer of the investigation. The petitioner is unable to apprise this court regarding the latest stage of the investigation as to whether charge-sheet has been submitted before the learned jurisdictional court or whether trial has commenced before the court concerned. Having regard to the same as also the fact that the instant case was registered under Sections 302/120B of the IPC, I am of the view that if there is any further grievance, the petitioner would be at liberty to canvass the issues under the relevant provisions of Section 173(8) of the Cr.P.C. or under Section 319 of the Cr.P.C. With the aforesaid observations, WPA 24361 of 2022 is disposed of. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. (Tirthankar Ghosh, J.)