Banashree Shil v. The State Of West Bengal And ORS.

W.P.A. 5911 of 2025 Smt. Banashree Shil VS The State of West Bengal & Ors.

Mr. Manas Kumar Das Mr. Aritra Kumar Thokdar ...for the Petitioner.

Mr. Rajarshi Basu Mr. Ananda Dulal Sarkar ...for the State Petitioner is aggrieved by the fact that since the 28.08.2025 Court No. 35 M/L. No.446 Rakib police authorities did not respond to her information, she had to approach the jurisdictional Court. Consequent to which Patuli PS case no. 319 dated 04.19.2024 was registered for investigation. On conclusion of investigation police authorities however, submitted final report stating that the FIR is false. Consequently, processes have been prayed for issuance against the present petitioner itself. It is further alleged by the petitioner that she was attacked near her house.

Consequent to which information was again submitted to Netaji Nagar Police Station and another case was registered.

Be that as it may, since the police report restricts itself only to the facts stated in the writ petition, I direct if the petitioner is aggrieved by the outcome of the said investigation, petitioner would approach the jurisdictional Magistrate in seisin of the issue by way of taking out an appropriate application under Section 193 of BNSS. Learned Magistrate would in such circumstances assess

and ascertain regarding the genuinity of the accusations and thereafter pass necessary directions as he deems fit and proper.

With the aforesaid observations WPA 5911 of 2025 is disposed of.

Report so submitted by the State be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)