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Calcutta High CourtWPA/6222/2025disposed

Madhab Bairagya v. State Of West Bengal And ORS.

2025-04-02Hon'Ble Justice Tirthankar Ghosh3 pages

02.04.2025 WPA 6222 of 2025 Sl.No.

Court No. 35 Madhab Bairagya -VsThe State of West Bengal & Ors.

G.S.Das Ms. Rita Patra Mr. Pradip Bose ... for the Petitioner(s) Ms. Jhuma Chakraborty Mr. Suddhadev Adak ... for the State-respondent (s) The petitioner complained before the Officer-in-charge of Baguihati Police Station that his house was ransacked in his absence at the behest of the private respondent no.4.

The petitioner came to know from the neighbours that the respondent no.4 along with 7-8 persons with deadly weapons broke open the door of the petitioner's residence and committed the misdeed.

The grievance of the petitioner is that in spite of informing the police station, no steps have been taken.

State has submitted a report which reflects that a G.D. Entry has been recorded by the police station. The report also reflects that there was a long standing dispute between the private respondent(s) and the petitioner in respect of an issue relating to loan.

Be that as it may, since the police authorities have not responded to the information so furnished by the petitioner, the petitioner would be at liberty to prefer an application under Section 175(3) of the BNSS before the learned jurisdictional Magistrate and the learned Magistrate would assess whether any cognizable offence has been made out and/or ascertain whether any case for investigation has been made out, thereafter, exercise his/her discretion for passing necessary orders.

With the aforesaid observations, WPA 6222 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.)