Vishal Purohit v. State Of West Bengal And ORS.

28.01.2025 Court No. 35 Item No. 57 (Suvendu) WPA 1243 of 2025 Vishal Purohit -VersusThe State of West Bengal & Ors.

Mr. Moloy Roy Mr. Kaustav Manna Ms. Sutapa Upadhyay ......for the petitioner Mr. Rajdatta Chattopadhyay Ms. Risha Das .....for the private respondent nos. 4- 6 Mr. Suman Ghosh Mr. Sankha Prasad Roy ......for the State Affidavit of service filed on behalf of the petitioners is taken on record.

Petitioner is aggrieved by the fact that adjacent land owner has been trying to grab the property of the petitioner and when petitioner resisted the same, the respondents abused the petitioner with slang languages and unnecessarily entered into altercation. Even on occasions, the respondents have threatened to extent that they would murder petitioner.

State has submitted a report prepared by Officer-in-Charge of Tarakeswar Police Station which reflects that police authorities have drawn up proceeding under Sections

126/135(3) of the Bharatiya Nagrarik Suraksha Sanhita, 2023 against the private respondents. However, police authorities on enquiry have arrived at a conclusion that the offences complained of are non-cognizable. As such, no FIR can be drawn up.

Learned advocate appearing for the private respondents submits that the petitioner has unnecessarily bolstered up the facts with whimsical and manufactured events and as such being a neighbor he is subjected to harassment.

Considering the submissions advanced by learned advocates appearing for petitioner, State as well as private respondents, I direct in the event the petitioner is aggrieved he would be at liberty to approach the jurisdictional criminal court praying for appropriate relief. The concerned Magistrate would apply his judicial mind as to whether any case has been made out and accordingly pass necessary direction.

In the meantime, the police authorities are directed to ensure that no breach of peace and tranquility takes place at the locality as also no untoward incident results because of the

inimical relationship existing between parties.

With the aforesaid observations, WPA 1243 of 2025 is disposed of.

Report so submitted be kept with the record.

Let a copy of the report be handed over to learned advocates appearing for petitioner and private respondents.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High, Calcutta.

(Tirthankar Ghosh, J.)