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Calcutta High CourtWPA/8372/2024disposed

Sunil Kumar Das v. State Of West Bengal And ORS.

2025-02-18Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 31 18.02.2025 Bpg.

ct.no.35 W.P.A.8372 of 2024 Sunil Kumar Das

Versus

The State of West Bengal & Ors.

Mr. Mrinal Kanti Ghosh.

...for the petitioner.

Mrs. Paromita Malakar (Dutta).

...for the State-respondents.

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

Petitioner complains that there is inter se family dispute for which Partition Suit No.36 of 2018 has been preferred and the learned Civil Judge (Senior Division), Chanchal, Malda is in seisin of the case. However, the petitioner has been facing adverse circumstances because of protecting and/or preventing unlawful activities at the behest of the private respondents. Petitioner submits that the respondent no.4 is engineering the problem and thereby taking the law in his own hand. To that effect, information was furnished to the different authorities but till date no action has been taken.

As none appears on behalf of the State, Mrs.

Paromita Malakar (Dutta), learned advocate, who ordinarily appears on behalf of the State, is directed

to represent the State. Her appearance may be regularized by the concerned authorities.

The enclosures to the writ petition reflect that last of the information was furnished with the Superintendent of Police, Malda on or about 12.03.2024 and the petitioner submits that no action has been taken by the police authorities in spite of receipt of such information. In case till date the police authorities have not taken any action and the petitioner is still facing after a year inconveniences by the atrocity at the hands of the private respondents, petitioner will file a fresh complaint with the Officerin-Charge/Inspector-in-Charge, Pukhuria Police Station and a copy of the same be advanced to the Superintendent of Police, Malda. The concerned police authorities would assess regarding the genuinity of the accusations and, if required, also ascertain whether any cognizable offence has been made out and then proceed in accordance with law.

With the aforesaid observations, WPA 8372 of 2024 is disposed of.

There will be no order as to costs.

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.)