Kamalendra Singh And ANR. v. State Of West Bengal And ORS.

D/L 27 20.01.2025 Bpg.

ct.no.35 W.P.A.598 of 2025 Kamalendra Singh & Anr.

Versus

The State of West Bengal & Ors.

Mr. Shashwat Nayak Mr. Souraty Nandy.

...for the petitioners.

Mr. Suman Sengupta Ms. Amrita Panja Moulick.

...for the State-respondents.

Ms. Jayshree Saha.

...for the respondent no.7.

Affidavit-of-service filed by the petitioners be kept with the record.

Petitioners are aggrieved by the fact that the police authorities have not taken steps and in spite of the specific directions passed by the civil court there has been no attempt by the police authorities to comply with the directions. I find that initially the police authorities registered case being Phoolbagan P.S. Case No.163 dated 28.11.2024. Subsequently, the petitioners again complained in respect of the certain act and action. Needless to state that earlier on the basis of complaint of the petitioners, another case being Phoolbagan P.S. Case No.37 dated 23.03.2024 was registered which included amongst others accusations under Section 385 of the Indian Penal Code.

Learned advocate for the private respondent no.7 submits that since the civil court is already in seisin of the matter, the present writ petition is not maintainable.

Having regard to the steps taken by the police authorities and that the investigation of the case is still in progress, I am of the view that the police authorities would put in their efforts for taking the investigation of the case to its logical conclusion. If the civil court passes any directions upon the police authorities, the police authorities would respect, obey and implement the order passed by the civil court. With the aforesaid observations, WPA 598 of 2025 is disposed of.

There will be no order as to costs.

Report submitted by the State be kept with the record.

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

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)