Md Fariduddin v. State Of West Bengal And ORS.

D/L 29 18.02.2025 Bpg.

ct.no.35 W.P.A.7281 of 2024 Md. Fariduddin

Versus

The State of West Bengal & Ors.

Mr. Pinaki Dhole Mr. Rabindra Kumar Pathak.

...for the petitioner.

Mr. Swapan Banerjee Mr. Barun Chatterjee.

...for the State-respondents.

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

Petitioner is aggrieved by the fact that in spite of informing to the Superintendent of Police, Malda for taking appropriate steps in respect of the information furnished on 20th November, 2023, till date no action has been taken. Petitioner submits that the petitioner has been at the receiving end in respect of the atrocity inflicted upon him at the behest of the private respondents.

Learned advocate for the State has submitted a report. Report reflects that inter se the parties there are already five cases registered from 2022 to 2024. I have considered the other aspects which have been stated in the report dated 09.06.2024 submitted by the Inspector-in-Charge, Kaliachak Police Station. However, the statutory right of the petitioner is never waived.

In view of the Superintendent of Police, Malda not acting, petitioner would be at liberty to take out an appropriate application under the relevant provisions of law before the learned CJM, Malda/learned ACJM, Kaliachak. Learned court would assess regarding the accusations made and ascertain whether any cognizable offence is made out thereafter pass necessary directions by applying the discretion vested on him in accordance with law. With the aforesaid observations, WPA 7281 of 2024 is disposed of.

There will be no order as to costs.

Report submitted by the State be kept with the record.

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

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

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

(Tirthankar Ghosh, J.)