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Calcutta High CourtWPA/7744/2025disposed

Sudarshan Ghanta v. The State Of West Bengal And ORS.

2025-04-23Hon'Ble Justice Tirthankar Ghosh2 pages

W.P.A. 7744 of 2025 Sudarshan Ghanta.

VS The State of West Bengal & Ors.

Mr. Asit Kr. Bhattacharya.

... for the Petitioner.

Mr. Rajarshi Basu, Mr. Subhendu Sengupta.

...for State.

Affidavit-of-service filed by the petitioner be kept 23.04.2025 Court No. 35 Item No.106 Rakib with the record.

Petitioner is aggrieved by the fact that the respondent no.4 after breaking the wall committed theft of all furnitures and fixtures and after selling them misappropriated the amount. To that effect information was furnished to the Officer-in-Charge of Daspur Police Station, inspite of receipt of such information no steps were taken.

State has submitted report. Report reflects that on or about 15.03.2024 information was furnished by the petitioner in respect of forgery of certain Title Deed. To that effect police authorities have already registered a case under the relevant provisions of law and the investigation of the said case is still continuing. So far as the subsequent information which has been received and which is the subject matter of the present writ petition, police authorities although they have registered General

Diary Entry but according to the police authorities the said property has been demolished.

Considering the nature of the information furnished by the Officer-in-Charge, Daspur Police Station and since no action has been taken, I grant liberty to the petitioner to approach the jurisdictional Magistrate under Section 175(3) of the BNSS. Learned Magistrate would cause an enquiry and thereafter exercise his discretion as to whether any direction is required to be passed or not. Police authorities so far as other case is concerned will proceed with the investigation and take the investigation to its logical conclusion.

With the aforesaid observations WPA 7744 of 2025 is disposed of.

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

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.)