Netaji Swanirbhar Dal v. The State Of West Bengal And ORS.

D/L 37 17.01.2025 Kausik ct.no.35 W.P.A. 287 of 2025 Netaji Swanirbhar Dal

Versus

The State of West Bengal & Ors.

Mr. Masud Karim Mr. Raju Mondal ...for the petitioner.

Mr. Wasim Ahmed Mr. Shehab Uddin ...for the state.

Affidavit of service so filed be kept with the record.

Petitioner is aggrieved by the fact that the representation made to the Inspector-in-Charge, Harirampur Police Station dated 16.06.2024 was not acted upon and the petitioner being a self-help group is suffering immensely as the respondent is stealing the fish and selling it to the market. If the accused persons/private respondents are resisted, in that case, the private respondents by forming an unlawful assembly are trying to overpower the petitioner. Report has been submitted by the state.

Report reflects that Harirampur PS Case No.

136/2023 dated 22.07.2023 was registered for investigation; Harirampur PS Case No. 168/2023 dated 22.08.2023 was registered for investigation;

Harirampur PS Case No. 246/2023 dated 12.12.2023 was registered for investigation; Harirampur PS Case No. 247/2023 dated 12.12.2023 was registered for investigation and Harirampur PS Case No. 254/2023 dated 24.12.2023 was registered for investigation. Having considered that series of cases have been registered by the police authorities it cannot be said that the police authorities were inactive or inert in respect of the dispute and difference between the petitioner and the private respondents. However, the petitioner submits that petitioner being a self-help group is helpless in view of the muscles flexed by the private respondent.

Petitioner is directed to approach the jurisdictional civil court for appropriate police assistance in respect of the property which is the cause for the respondents to exhibit their muscle power. Petitioners would also be at liberty to take steps before the learned Magistrate in seisin of the criminal cases, since the series of cases reflect that there is a probability of repeat offence being committed by similar set of persons.

With the aforesaid observations WPA 287 of 2025 is disposed of.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing on behalf of the petitioner.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)