Tuhin Das v. The State Of West Bengal And ORS.
WPA 4246 of 2025 Sl.No.
28.08.2025 Court No. 35 G.S.Das Tuhin Das -VsThe State of West Bengal & Ors.
Mr. Manas Kumar Das Mr. Aritra Kumar Thokdar ... for the Petitioner(s) Mr. Ansar Mandal, ld. AGP Mr. Tanweer J. Mandal ... for the State-respondent(s) The petitioner submitted a representation relating to custodial torture and violation of fundamental rights to the Deputy Commissioner Police, Barrackpore, North Zone, Barrackpore, North Parganas on or about 24.11.2023.
The report submitted by the State reflects that during patrolling duty, one Sub-Inspector of Police discovered the present petitioner in a dark area along with another. Enquiry, to that effect, was conducted as certain suspicion arose
because of the location being secluded.
On enquiry, no satisfactory answers were offered both by the petitioner and his associate.
However, it is categorically stated by the police authorities that one General Diary Entry being No.
dated 30.10.2023 was recorded at the police station.
Since the actions taken by the police authorities were preventive actions, I am of the view that the petitioner, if he was aggrieved, within a close proximity time, should have approached the jurisdictional court.
As substantial time has passed, I am of the view that it would be not inconsonance with the provisions of law to assess as also ascertain regarding the genuinity of the allegations.
However, if the petitioner is faced with similar inconveniences, he would be
at liberty to approach this court after a fresh report being submitted with the Deputy Commissioner Police, Barrackpore, North Zone, Barrackpore, North 24 Parganas.
With the aforesaid observations, WPA 4246 of 2025 is disposed of.
Pending application(s), if any, is also disposed of.
Report so submitted be kept with the report. A copy of the report be handed over to the petitioner.
Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.
(Tirthankar Ghosh, J.)