Sahalam Sekh v. State Of West Bengal And ORS.

16.03.2023.

Court No.13 Item No. 8 ap W.P.A. No. 5960 of 2023 Sahalam Sekh

Versus

The State of West Bengal & Ors.

Mr. Kazi Safiullah, Sr. Advocate, Mr. M.A. Samad, Ms. Nayeb Mulla, Ms. Payel Ghosh, Ms. Priyanka Sharma.

...For the petitioner.

Mr. Amal Kumar Sen, Mr. Lal Mohan Basu.

...For the State.

Affidavit-of-service filed in Court today be taken on record.

The petitioner complains that he was called to the Bishnupur Police Station and assaulted. As a consequence whereof, he fell ill and was hospitalized. The medical report indicates that the petitioner was treated for Paresthesia, which is not a result of any assault. The said ailment can at best be preexisting neurological disorder. The petitioner further complains that the private respondent instigated the police to act as a recovery agent for money. The private respondent/lender has complained but has requested that FIR should not be registered.

This Court is of the view that the disputes of the petitioner and the private respondents are purely civil and private in nature.

This Court sees no inaction or impropriety on the part of the police. In the event, the petitioner is

still aggrieved, he may take steps under Section 156(3) of the Code of Criminal Procedure.

The report of the Bishnupur Police Station dated 15th March, 2023 in the form of instructions addressed to the Government Pleader, High Court, Calcutta be taken on record.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)