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2025 DAILYLAW 47314 (CAL)

ARATI MONDAL AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/28412/2024 · 2025-03-12

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sl.No. 143 Court No. 35 G.S.Das 12.03.2025 WPA 28412 of 2024 Arati Mondal & Ors. -Vs- The State of West Bengal & Ors. Mr. Pintu Karar Mr. Sabab Uddin Laskar Mr. Sourav Roy … for the Petitioner(s) Mr. Jayanta Samanta, ld. Jr. Govt. Adv. Mr. Supriya Majumder … for the State-respondent(s) Ms. Juin Dutta Chakraborty Mr. B. Modak … for the respondent nos. 5 &6 The petitioners have approached this court for quashing Amta P.S. Case No. 170 of 2024 on the ground of certain factual assertions. Learned advocate for the State submits that the investigation of the case is still in progress. Learned advocate for the private respondents submits that the writ petition has been filed in order to divert the investigation which is in progress and none of the contents which have been advanced in the writ petition do require consideration of this Court. Having regard to the fact that the issues advanced by the petitioner do not fall within any of the parameters settled by the Hon’ble Apex Court in [State of Haryana & Ors. –v.- Bhajanlal and Ors., reported in (1992) Supp. 1 SCC 335] and, [Neeharika Infrastructure Private Limited –v.- State of Maharashtra & Ors. Reported in (2021) SCC OnLine SC 315] as also the fact that the truth and falsity in the allegation cannot be gone into at this stage of investigation, I am of the view that no interference can be made by this Court. However, the petitioner would be at liberty to canvass all the issues at the time of consideration of charges. With the aforesaid observations, WPA 28412 of 2024 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.)