Sarbani Bhattacharya v. State Of West Bengal And ORS.

W.P.A. 3200 of 2025 Sarbani Bhattacharya.

VS The State of West Bengal & Ors.

Mr. Souradeep Singha.

... for the Petitioner.

Mr. Dibashis Basu, Mr. Arun Bandyopadhyay.

... for the respondent no.4&5.

Mr. Joydip Banerjee, Mr. Dipa Bhattacharya.

... for the State.

Affidavit of service filed by the petitioner be kept 07.03.2025 Court No. 35 Item No.4 Rakib with the record.

Petitioner is aggrieved by the fact that inspite of information being furnished before the police authorities on or about 17.01.2025, no action has been taken by the Inspector-in-Charge, Chinsurah Police Station. According to the petitioner she is a single widow lady with her son who is mentally challenged and the private respondents kidnapped him and by using him has got signatures in blank papers, thereby trying to grab the properties. Police authorities have submitted a report which is not in consonance with the factual circumstances narrated, so far as the present petitioner is concerned. Learned advocate appearing for the private respondent nos. 4 and 5 denies and disputes the contentions.

Be that as it may since the petitioner initially submitted her representation with the Inspector-inCharge, Chinsurah Police Station as well as Commissioner of Police, Chandannagar Police Commissionarate, I am of the view that the petitioner would, if so advised approach the jurisdictional Magistrate under Section 175(3) of the BNSS. Learned Jurisdictional Magistrate would assess regarding the nature of the offence, ascertain whether case for investigation have been made out and thereafter pass necessary orders in accordance with law.

With the aforesaid observations WPA 3200 of 2025 is disposed of.

Report submitted by the State be kept with the record.

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

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

(Tirthankar Ghosh, J.)