Sushanta Bhattacharya v. State Of West Bengal And ORS.

D/L 11 01.07.2025 Bpg.

ct.no.35 W.P.A.7302 of 2025 Sushanta Bhattacharya

Versus

State of West Bengal & Ors.

Mr. Prasad Bhattacharyya Ms. Shravani Ghosh.

...for the petitioner.

Ms. Sabnam De Bardhan Ms. Kakali Naskar.

...for the State-respondents.

State has submitted a report in respect of Baguiati Police Station Case No.235 of 2025 wherein the case was initiated on the basis of a complaint of one Sushanta Bhattacharya. The investigating agency conducted investigation in respect of the accusations relating to theft of TATA ACE Vehicle bearing registration No.WB-25F-9370.

Pursuant to the directions passed by this Court on 17.04.2025, the Inspector-in-Charge, Baguiati Police Station has come up with a report which reflects that there were non-payment of EMI and as a result of which the finance company namely, Sriram Finance Limited has repossessed the vehicle and informed to the Officer-in-Charge of Baguiati Police Station on or about 15.04.2025. As there was a

hire purchase agreement and there was default in loan, the investigating agency on conclusion of investigation has arrived at their finding of no case having been made out and filed a final report as false and a prosecution under Sections 217/248 of BNS has been proposed before the learned Magistrate against the present complainant.

Having considered that the final report under Section 193 of BNSS has been submitted before the jurisdictional court, I am of the opinion that the petitioner should approach the jurisdictional court for the remedies sought for.

In view of the report submitted today by the Inspector-in-Charge, Baguiati Police Station, I am of the opinion presently that the writ petition lacks any further cause of action. As such, WPA 7302 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

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