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Calcutta High CourtWPA/5769/2025disposed

Nasir Sk v. The State Of West Bengal And ORS.

2025-03-26Hon'Ble Justice Tirthankar Ghosh4 pages

26.03.2025 WPA 5769 of 2025 Sl.No.

Court No. 35 Nasir Sk -VsThe State of West Bengal & Ors.

G.S.Das Mr. Biswajit Tiwari Mr. Md. Sontu Mia ... for the Petitioner(s) Mr. Dipanjan Datta, ld. Sr. Govt. Adv.

Mr. Subhajit Chowdhury ... for the State-respondent(s) Mr. Gangadhar Das Ms. Shreya Banerjee ... for the respondent No. 5 Mr. Tanmay Mukherjee Mr. Souvik Das Mr. Rudranil Das ... for the respondent nos. 4 & 6-12 Affidavit-of-service so filed be kept with the record.

The petitioner is aggrieved by the inaction of the police authorities so far as his representation dated 28.02.2025 is concerned. To that effect, the petitioner submits that he has made accusations that there has been siphoning in the government offices to the tune of Rs.1.18 crore, but, in spite of that no action has

been taken against the erring individuals.

Learned advocate for the respondent no.5 opposes the contentions and submits that the writ petition itself is not maintainable as no specific accusations have been made against him.

Learned advocate for the respondent nos. 4 and 6 to 12 is present and submits that, prima facie, the writ petition is not maintainable as all the funds have been utilized and the respondent no.4 & 6-12 would be in a position to present proper accounts to the appropriate authorities as and when be called for to do so.

State has submitted a report which reflects that the BDO, Manikchak has been conducting an enquiry vide Memo No. 704/MCK/2025. The concerned BDO will issue notices to all the affected parties, give them audience, thereafter, arrive at a conclusion.

Since the BDO has already started the enquiry, the enquiry conducted by the Officer-in-charge of Bhutni Police Station, for the time being, be kept in abeyance until and unless any report and/or information is received from the BDO, Manikchak.

In case, whole of the process is not completed within a period of three months, the petitioner would be at liberty to approach the jurisdictional Court under Section 175(4) of the BNSS.

With the aforesaid observations, WPA 5769 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record.

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.)