Rajendra Singh Sabharwal v. State Of West Bengal And ORS.

D/L 205 01.05.2025 Bpg.

ct.no.35 W.P.A.8236 of 2025 Rajendra Singh Sabharwal

Versus

The State of West Bengal & Ors.

Mr. Shashwat Nayak Mr. Shoham Sanyal Mr. Sumit Biswas Ms. Rajashree Bhowmick.

...for the petitioner.

Mr. Jayanta Samanta Ms. Paromita Malakar Dutta.

...for the State-respondents.

Mr. R. Chakraborty Mr. SSG. Hasnain Mr. A.Z. Mondal Mr. Avirup Mondal Ms. Shahnaz Parveen.

...for the respondent nos.7 & 8.

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

Petitioner is aggrieved by the fact that in spite of a complaint regarding harassment, threat and criminal activities of the private respondents informed to the Beniapukur Police Station, no steps have been taken.

Learned advocate for the private respondent nos.7 and 8 submits that series of litigations have been filed including civil suit pending before the appropriate forum.

State has submitted a report wherein enquiry was conducted and the information so far as the petitioner is concerned was not substantiated. Petitioner is aggrieved by the conduct of the police authorities.

Having regard to the nature of the accusations, petitioner, if so advised, would approach the jurisdictional Magistrate under the relevant provisions of law. Learned Magistrate would assess and ascertain as to whether any offence has been made out and accordingly direct whether a case for issuance of process or direction for investigation is at all made out or not.

The police authorities would ensure that there is no breach of the peace and/or tranquility and/or any untoward incident resulting from the strained relationship existing between the parties. Needless to state that since no affidavits have been called for, the accusations made in the writ petition are deemed not to have been admitted. It is further directed that the learned Magistrate would independently consider the accusations, if any, brought before the said court and would not be influenced by any observations made by this Court.

With the aforesaid observations, WPA 8236 of 2025 is disposed of.

There will be no order as to costs.

Report submitted by the State 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.

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

(Tirthankar Ghosh, J.)