Azharul Haque Mondal v. State Of West Bengal And ORS.

sandip Ct. 35 13.05.2025 In The High Court At Calcutta Constitutional Writ Jurisdiction W.P.A. 7048 of 2024 Azharul Haque Mondal Vs.

The State of West Bengal & Ors.

Mr. P. K. Bhattacharyay ... For the petitioner. Mr. Suman Ghosh, Ld SGA, Mr. Gourav Das ... For the State.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The petitioner informed to the Officer-in-Charge of the Galsi Police Station on or about 19th February, 2024, as the petitioner claimed to be the owner of the property and was disturbed by the private respondents and to that effect the respondents were trying to encroach upon the property and also interfere with the peaceful enjoyment of the property of the petitioner.

The police authority has conducted an enquiry. The enquiry reflects that the private respondent no. 4 and his associates were creating disturbances and as such a proceeding was drawn under Sections 107/116(3) of the CrPC.

The grievance of the petitioner is that there were much more than a proceeding in relation to Section 107/116(3) CrPC being drawn up in the case.

The petitioner being aggrieved by the act and actions of the police authorities are at liberty to approach before the jurisdictional Magistrate under the relevant provisions of law.

With the aforesaid observations, W.P.A. 7048 of 2024 is disposed of.

Pending applications, if any, is also disposed of. Report submitted by the State be kept with the record. Let the copy of the report be handed over to the learned advocate for the petitioner.

Parties to 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 subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)