Amit Panja v. State Of West Bengal And ORS.

S/L 5 31.01.2025 Court. No. 35 Suvayan WPA 4175 of 2024 Amit Panja Vs.

The State of West Bengal & Ors.

Mr. Rajib Kumar Acharyya ...for the petitioner.

Mr. Jayanta Samanta Mr. Kazi Sajjad Alam ...for the State.

Mr. Subhendu Bandyopadhyay Mr. Arindam Mitra ...for the respondent nos. 9 & 10.

Affidavit-of-service filed by the petitioner be kept with the record.

Learned Advocates for the petitioner, State and the respondent Nos. 9 and 10 are present.

Learned Advocate for the petitioner is aggrieved by the inaction of the police authorities as the written complaint which was submitted by the Inspector-inCharge, Panskura Police Station has not been acted upon. The grievance of the petitioner is that in spite of rendering services and raising the bills the private respondent did not remit the same and issued a cheque for some amount which on presentation on several occasions was dishonored.

Learned Advocate for the State submits a report. The report reflects that the police authorities have conducted an enquiry.

Learned Advocate for the respondent Nos. 9 and 10/Bank submits that they are formal party and have no

issues regarding the dispute between the petitioner and the private respondent.

In view of the petitioner claiming that he has been deprived. I grant liberty to the petitioner to approach the jurisdictional Magistrate under Section 175(3) of the BNSS. Learned Magistrate would first assess whether any cognizable offence is made out and, thereafter, also assess as to whether case for investigation has been made out, then apply his discretion for passing necessary orders. With the aforementioned observations, the instant writ petition being WPA 4175 of 2024 is hereby disposed of.

Report be submitted be kept with the record.

Copy of the report be handed over to the learned Advocate appearing for the petitioner.

Parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)