8
jdt.
30.05.2024
jb/b.das.
W.P.A. 15024 of 2024
(Safina Khatun vs. State of West Bengal & Ors.)
Mr. Tanmay Basu
Mr. Debdip Mondal
Mr. Subhajyoti Halder
…. For the Petitioner
Mr. Suman Sengupta
Mr. Sanatan Panja
Ms. Soma Chakraborty
…. For the State
Since respondents are represented, service upon
them is dispensed with.
The instant writ application is filed under Article
226 of the Constitution of India by the victim girl,
whose statement under Section 164 of the Code of
Criminal Procedure, as is the grievance, has not yet
been recorded by the Investigating Officer of Sagar
Police Station in relation to F.I.R. no. 56/24 dated
16.03.2024 under Sections 341/325/354/506/34 of
the Indian Penal Code.
It is submitted that the victim is ready and willing
to cooperate with the Investigating Officer for recording
her statement. She has written a letter addressed to the
District Magistrate, South 24 Parganas, Director
General of Police, West Bengal and Superintendent of
Police, Sundarban Police District praying for recording
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her statement under Section 164 of the Code of
Criminal Procedure.
Investigation is still pending.
Learned Counsel for the State submits that
investigation is still going on and statement of witnesses
under Section 161 as well as under Section 164 of the
Criminal Procedure Code have been recorded.
It is the submission of the learned Advocate for
the State that the victim is not cooperating with the
investigation.
There are conflicting claims on recording of the
statement of the victim under Section 164 of the Code
of Criminal Procedure. Without going into the factual
finding, it will sub-serve justice if the willing victim/the
writ petitioner gets her statement recorded under
Section 164 of the Code of Criminal Procedure.
Accordingly, the Respondent no. 2 being the
Superintendent of Police, Sundarban Police District is
directed to ensure safety, security of the victim and
make arrangement for recording the statement of the
victim under Section 164 of the Code of Criminal
Procedure, 1973, if she is willing, within 30th June,
2024. In case the victim is unwilling to record her
statement, the investigation shall proceed with
accordingly. Except to this effect, the investigation is
not interfered with.
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The instant writ petition is accordingly disposed
of.
There shall be no order as to costs.
Since no affidavit has been filed, the allegations
contained in the writ petition are deemed not to have
been admitted.
Urgent certified website copy of the order, if
applied for, be given to the parties on compliance of
requisite formalities.
(Sugato Majumdar, J.)