Extracted from the PDF above. The PDF is authoritative.
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18.09. 2026
Ct. No. 758
Ab
WPA 15167 of 2024
Amit Ghosh Vs. The State of West Bengal and others. ---------------
Mr. Md. Wasim Akram, Ms. Sarbina Parvin. … for the petitioner. Ms. Anita Kundu, Ms. Puja Singh. … for the State. 1. The instant writ petition has been filed by the petitioner on the allegation that in the year 2019, the petitioner appeared for West Bengal Police Constable Written Examination where he met the respondent no. 4. It is alleged that the respondent no. 4 represented himself as a serving Constable with strong connection with senior Police Officials and capable of securing him a job. 2. The respondent no. 4 allegedly taken up a sum of Rs. 10,00,000/- in cash/online transfers. The petitioner allegedly paid such money to the respondent no. 4 and despite such payment, the name of the petitioner did not appear in the final or supplementary selection list. 3. According to the petitioner that a cheque was issued on February 26, 2022, was issued by the respondent no. 4 in favour of the petitioner, which came to be dishonored. It subsequently came to the notice of the petitioner that the respondent no. 4 had allegedly
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defrauded numerous other candidates and several First Information Reports have been registered against him across the multiple districts. It is alleged that the same demonstrates that an oraganized recruitment fraud racket possibly involving senior police personnel is going on. 4. In these circumstances, on March 3, 2023, the petitioner filed an application under Section 156(3) of the Code of Criminal Procedure, which lead to registration of English Bazar Police Station Case No. 308 of 2023 under Sections 406/420/506 of the Indian Penal Code. 5. It is alleged in the writ petition that despite registration of the First Information Report, the accused continued to serve as the Police Constable and has not been arrested till date. It is also alleged that the Police has been completely inactive in the matter despite repeated complaints being made. 6. In such factual matrix, the instant writ petition was filed seeking Police protection for the petitioner and his family members and with a direction for arrest of the accused/respondent no. 4 by conducting a fair and impartial investigation into the FIR. 7.
Learned Advocate representing the State appears and has referred to a report filed today before the Court wherefrom it appears that the Police had duly investigated the matter and after thorough
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investigation a charge-sheet has already been submitted against the respondent no. 4. It is further reported that the respondent no. 4 has been suspended by the department in a departmental proceeding vide Raiganj Police District Proceeding No. 2 of 2023 dated March 29, 2023 where the said Constable was found guilty. 8. This Court has heard the parties at length and has considered the report filed by the State. 9. In view of the completion of the investigation and submission of the charge-sheet, the principal grievance regarding alleged police inaction no longer survives. The criminal proceeding shall now take its course before the competent court in accordance with law. 10. Insofar as the petitioner seeks a direction for the arrest of respondent no. 4, the question whether arrest is warranted must be determined by the investigating agency or the competent criminal court in accordance with law. No such direction is called for in the present writ petition, particularly after completion of the investigation and submission of the charge-sheet. 11. No specific material demonstrating any presently subsisting threat to the life or safety of the petitioner or the members of his family has been placed before this Court. However, if any fresh cause
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of action arises, the petitioner shall be at liberty to approach the jurisdictional police authorities with a specific complaint, which shall be considered in accordance with law. 12. WPA 15167 of 2024 is, accordingly, disposed of. 13. It is made clear that this Court has not expressed any opinion on the truth or otherwise of the allegations made by either party or upon the merits of the pending criminal proceeding or the departmental proceeding. All issues shall be decided independently by Court on the basis of the materials before them. (Anuj Singh, J.)