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2025 Supreme(Online)(Cal) 3134

CALCUTTA HIGH COURT
Tirthankar Ghosh, J
Sadhan Chandra Ganguly – Appellant
Versus
The State of West Bengal – Respondent


Advocates:
For the Appellants/Petitioners: Mr. S. T. Mina, Ms. Priyanka Das
For the Respondents: Mr. Sissanya Bandopadhyay, Ms. Tapati Samanta, Mr. Arindam Ghosh, Mr. Sumanta Ganguly, Mr. Gopal Pahari, Ms. Mandeep Kaur

R e The petitioner is aggrieved by the fact that although pursuant to the directions passed by the learned Magistrate, Jagaddal P.S. Case No. 101 of 2025 dated 19.04.2025 was registered for investigation, but the police authorities did not incorporate appropriate Sections which were available in the application under Section 175(3) of the BNSS and proceeded to incorporate only those Sections which they thought deem fit and proper.

The petitioner further submits that since proper Sections have not been incorporated, there is every possibility of the accused persons getting advantage of the rigors of law, as such, he is dissatisfied with the manner in which the investigation is progressing.

Learned advocate for the private respondent(s) submits that a similar writ petition is pending and prior to that, on the self-same subject-matter, another FIR had also been registered being Jagaddal PS Case No. 309 dated 02.08.2023. The said FIR was on the basis of letter of complaint addressed to the Officer-in-charge of Jagaddal P.S. According to the learned advocate, the present case is the second FIR, the same as such, calls for hardly any interference.

State has submitted a report which reflects

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