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2025 DAILYLAW 997 (CAL)

SUBHAJIT GHOSH AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/18105/2025 · 2026-01-13

Suvra Ghosh

body2025

Judgment text

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24 & 25 1133..0011..22002266 Ct. No.5 b.das WPA 18105 of 2025 Subhajit Ghosh & Anr. Vs. The State of W. B. & Ors. With WPA 11417 of 2025 Santi Sudhin Mukherjee Vs. The State of W. B. & Ors. Mr. Sayan Banerjee Ms. Suparna Dutta Ms. Tusi Naskar …for the petitioners. Mr. Sirsanya Bandopadhyay Mr. Akash Dutta …for the State in WPA 18105 of 2025. Mr. Swapan Banerjee Mr. D. N. Banerjee …for the State in WPA 11417 of 2025. Mr. Adil Rashid …for the ED. Affidavit of service filed by the petitioners and report submitted by the State are taken on record. The Enforcement Directorate is represented. Heard learned counsels for the parties. It appears from the report that investigation is complete and charge sheet submitted. Provision for submitting supplementary charge sheet against Gulsan Singh has been kept open. In course of investigation, several recoveries have been made, raids held and all the accused except Gulsan Singh were arrested. 2 It appears that investigation which has been conducted under the supervision of the Deputy Commissioner of Police, Detective Department, Bidhannagar Police Commissionerate has been carried out satisfactorily and charge sheet submitted. The grievance of the petitioners is that the principal accused has not been arrested. It is open to the learned Magistrate to take necessary steps for apprehension of the said accused. There is no necessity for transfer of investigation to a superior agency only for the purpose of apprehension of the principal accused since investigation appears to have been conducted in an unbiased and proper manner. Nothing further remains to be dealt with in the writ petitions. The same are accordingly disposed of. However, the petitioners are at liberty to approach the learned jurisdictional Magistrate in the event they are dissatisfied with the investigation or the charge sheet. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petitions are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)