Madhu Kumari Singh v. The State Of West Bengal And ORS.

27.02.2025 W.P.A. 3677 of 2025 Item No.193 Ct. No.35 dc.

X X X versus The State of West Bengal & Ors.

Md. Md. Bani Israil, Mr. Sayed Md. Sayed ... For the Petitioner.

Mr. Suman Sengupta, Mr. Sanatan Panja ... For the State.

Mr. Kunal Ganguly ... For the Respondent Nos.6, 7 & 8. Petitioner's name in the cause title of the order be marked as "X X X".

Report submitted by the learned advocate appearing for the State be kept with the record. Petitioner is aggrieved by the fact that police authorities have not incorporated relevant sections of BNS in spite of she being sexually attempted to be ravished at the hands of the private respondents. To that effect, repeatedly information was furnished before the police authorities.

However, the police authorities registered the case, but under irrelevant sections of law which is the foundation of grievance of the present petitioner. Learned advocate appearing for the private respondent nos. 6, 7 and 8 submits that the petitioner and the private respondents are neighbours and over parking issues the criminal cases are being foisted one after the other.

State has submitted a report which reflects that in connection with Pandabeswar Police Station

Case No. 157/2024 dated 28.10.2024, charge-sheet has already been submitted before the jurisdictional court.

Having considered that charge-sheet has already been submitted before the jurisdictional court, in case the police authorities have omitted to incorporate any particular provision of law, the petitioner by way of filing appropriate application under Section 193(9) of BNSS would draw the attention of the learned ACJM, Durgapur. The learned ACJM, Durgapur will apply his mind and thereafter pass necessary orders, if such an application is preferred before the concerned court. With the aforesaid observations, the writ petition being WPA 3677 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.)