Binoy Ghosh v. State Of West Bengal And ORS.
January 27, 2025 Sl. No. 75 Court No.35 s.biswas WPA 992 of 2025 Binoy Ghosh vs.
The State of West Bengal and others Mr. Shyamal Roy ... for the petitioner Mr. Jayanta Samanta Mr. Saurav Chaudhuri ... for the State Affidavit of service so filed, be kept with the record.
The petitioner is aggrieved by the inaction on the part of police authorities. A complaint was reported to the Officer-in-Charge, Chandrakona Police Station on 1st December, 2024, but till date no action has been taken against the private respondents, who belong to the finance company. Learned advocate appearing for the petitioner submits that there were two blank cheques in possession of financer and in spite of loan amount being cleared, the amount is being debited from his account till date and he is also being threatened by the recovery agents.
Mr. Samanta, learned advocate appearing on behalf of the State submits a report, which reflects that there is an outstanding loan amount and for recovery of the same, the agents of the finance company approached the petitioner. A G.D. entry has been recorded in respect of the accusation made
for the harassment faced by the petitioner and his family members for the outstanding payment.
In case there is any dispute regarding total payment being made or outstanding, the finance company and the petitioner would be at liberty to approach the appropriate forum.
So far as the overt act as complained of regarding the agents are concerned, the police authorities prima facie has not found any materials, but in case the same is blown out of proportion, the police authorities would ensure that there is no breach of peace and tranquility and refer both the petitioner and the finance company to the appropriate forum for necessary action.
With the aforesaid observation, WPA 992 of 2025 is disposed of.
The report submitted be kept with the record. Copy of the report be handed over to the learned advocate for the petitioner.
All the parties shall act on the basis of the server copy of the order.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Tirthankar Ghosh, J.)