Irin Parvin And ORS. v. State Of West Bengal And ORS.

D/L 27 25.03.2025 Bpg.

ct.no.35 W.P.A.5690 of 2025 Irin Parvin & Ors.

Versus

State of West Bengal & Ors.

Mr. Afsar Ali.

...for the petitioners.

Mr. Suman Ghosh Mr. Siddharta Ghosh.

...for the State-respondents.

Supplementary affidavit filed by the petitioners be kept with the record.

Petitioners are aggrieved by the unwanted interference made by the private respondents in spite of the petitioners claiming to be the recorded owners. To that effect, representation was made to the police authorities. However, the private respondents abused the petitioner no.1 and also threatened her of dire consequences including invading her privacy as well as murdering her. To that effect, information was furnished with the I.C., Raghunathganj Police Station on or about 25.12.2024.

State has submitted a report. Report reflects that the police authorities have drawn up number of proceedings which relate to Sections 107/116 of the Cr.P.C and Sections 126/135 of the BNSS.

There are disputes between the petitioners and the persons referred to in the representation. Petitioners claim that there are three women and one male member who are afraid of the acts and activities of the private respondents.

Having considered the report which has been furnished before this Court admittedly there is a difference and dispute between the petitioners and the private respondents. Police authorities would ensure that without due process of law, none of the parties are affected of their civil rights. In respect of the accusations which were made before the police authorities on or about 20th January, 2025, the police authorities as per the report did not register any case for cognizable offence.

In view of the aforesaid, petitioners would be at liberty to approach the jurisdictional court under Section 175(3) of the BNSS. The learned court would assess whether any cognizable offence is made out, thereafter ascertain whether any case for investigation is made out and then exercise its discretion for passing necessary directions, if called for.

Police authorities have been keeping a strict vigil. They would continue with their endeavour and ensure that there is no breach of the peace and/or

tranquility and/or any untoward incident resulting from the inimical relationship existing between the parties.

With the aforesaid observations, WPA 5690 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioners. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)