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Calcutta High CourtWPA/3866/2025disposed

Mahidul Biswas v. The State Of West Bengal And ORS.

2025-07-09Hon'Ble Justice Tirthankar Ghosh2 pages

09.07.2025 W.P.A. 3866 of 2025 Item No.301 Ct. No.35 dc.

Mahidul Biswas versus The State of West Bengal & Ors.

Ms. Salma Sultana Shah ... For the Petitioner.

Mr. Amal Kumar Sen, AGP, Ms. Ashima Das (Sil) ... For the State.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The petitioner is aggrieved by the inaction of the police authorities who have refused to act pursuant to repeated representations including the last of the representation dated 28.01.2025. The petitioner complains of harassment, criminal intimidation and breach of contract.

State has submitted a report which, in fact, reflects that on the basis of a complaint of respondent no.7, a criminal case being Chapra P.S. Case No. 76 of 2025 dated 24.01.2025 has been registered for investigation.

Be that as it may, since the police authorities till date did not register a case, petitioner will exhaust his remedies by way of taking out appropriate application under Section 175(3) of BNSS before the jurisdictional Magistrate. The learned Magistrate will assess, ascertain the

genuinity of the allegations and thereafter pass necessary directions as he deems fit and proper. With the aforesaid observations, the writ petition being WPA 3866 of 2025 is disposed of. There will be no order as to costs.

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.)