Calcutta High Court
WPA/1108/2026 of APARNA SARKAR @ APARNA SARKAR BYAPARI Vs THE SECRETARY DEPARTMENT OF HOME AND HILLS AFFAIRS AND ORS on 13 August 2026
2026,
A. Roy,J.
Form J(2)
Sl. No. 51
AB
High Court at Calcutta
In the Circuit Bench at Jalpaiguri
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon’ble Justice Aniruddha Roy
W.P.A. 1108 of 2026
Aparna Sarkar @ Aparna Sarkar Byapari
Vs.
The Secretary Department of Home and Hill Affairs & Ors.
For the petitioner
:
Mr. Sandip Guha Roy
Mr. Biswajit Das
For the State
:
Mr. Subhankar Dutta
Mr. Tuhin Kumar Roy
Heard on
:
August 13, 2026
Judgment on :
:
August 13, 2026
[ IN COURT ]
Aniruddha Roy,J.
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1. On the prayer of Mr. Subhankar Dutta, learned advocate for the State, time to file report in the form of affidavit stands extended till today. The report filed in Court today is taken on record. Copy has been served upon Mr. Guha Roy, learned advocate for the petitioner in Court today.
A. Roy,J.
2. Petitioner has lodged criminal complaint against the accused. Accused also lodged complaint against the petitioner. Record disclosed before this Court shows Police authority had registered two FIRs before the jurisdictional Police Station arising out of the case and the counter case. Investigation is in active progress. One person namely, Gopal Sardar has been arrested, who is one of the accused leveled by the petitioner.
3. In view of the above, the jurisdictional Police authority shall complete and conclude the investigation forthwith without any unnecessary delay and shall submit the charge sheet before the jurisdictional criminal Court preferably within a period of two months from date.
4. If criminal cases are initiated before the jurisdictional criminal Court, the same shall be proceeded and concluded in accordance with law as expeditiously as possible.
5. This Court has not expressed any opinion on the charges and counter charges and the investigating authority and the jurisdictional criminal Court, as the case may be, shall be free to decide the issue before it on its own merit in accordance with law.
6. The jurisdictional criminal Court shall not be influenced by the observation, if any, made by this Court.
7. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
A. Roy,J.
8. With the above observations and directions this writ petition being WPA 1108 of 2026 stands disposed of, without any order as to costs.
9. Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)