Asima Sardar v. The State Of West Bengal And ORS.

D/L 114 23.04.2025 Kausik ct.no.35 W.P.A. 7775 of 2025 Asima Sardar

Versus

The State of West Bengal & Ors.

Mr. Sudip Sarkar Mr. Anindya Sundar Das Mr. Mansharam Mondal Ms. Paramita Mondal Ms. Suva Gayen ...for the petitioner.

Mr. Niladri Sekhar Ghosh Ms. Sompurna Chatterjee Mr. Souvik Dey ...for the private respondent nos. 8 to 13.

Mr. Swapan Banerjee Mr. Diptendu Narayan Banerjee ...for the state.

Petitioner is aggrieved by the outcome of the enquiry conducted pursuant to the direction passed by this court on 18.02.2025 in WPA 10145 of 2023. The said enquiry report was communicated to the petitioner by the Officer-in-charge, Kotulpur Police Station, Bankura. I find from the enquiry report statements were recorded of 5(five) witnesses. The post-mortem report was also taken into consideration along with other attending materials.

State has submitted a report along with the documents of U/D Case No.

72/20 dated 13.12.2020.

Learned advocate for the respondent nos. 8 to 13 is present.

Be that as it may, there are reasonings attached to the enquiry report of the Officer-incharge, Kotulpur Police Station.

However the petitioner disputes the same.

Having considered that the petitioner has disputed the findings of the Officer-in-charge, the only remedy now available would be the petitioner approaching the jurisdictional Magistrate under section 175(3) of the BNSS. If an application is filed learned Magistrate will again conduct an enquiry and after ascertainment of further facts would take a decision whether to pass further directions or not. With the aforesaid observations WPA 7775 of 2025 is disposed of.

Report so submitted be kept with the record.

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

(Tirthankar Ghosh, J.)