Bibhishan Rajwar And ANR v. State Of West Bengal And ORS.

15.06.2022 Sl. No.64 srm W.P.A. No. 8166 of 2022 Bibhishan Rajwar & Anr.

Versus

The State of West Bengal & Ors.

Mr. Dibyendu Chatterjee, Ms. Piyali Paul ...for the Petitioners.

Mr. Ansar Mandal, Mr. Hasibul Islam ...for the State-respondents.

Despite service none appears on behalf of the respondent No.5. Affidavit of service is taken on record. Police report is taken on record.

With regard to the prayer for release of the motorcycle of the petitioner No.1 registered as WB-56-D-4071, it is submitted by Mr. Mandal, learned Advocate appearing on behalf of the State-respondents, that if the petitioner No.1 produces the documents of the ownership of the motorcycle, then the same shall be returned to the petitioner No.1 by the Inspector-inCharge, Purulia Muffasil Police Station. With regard to the allegation of assault by the police authorities, the petitioner No.2 has already lodged a complaint before the Superintendent of Police, Purulia on March 23, 2022. The said complaint shall be disposed of in accordance with law.

The decision shall be communicated to the petitioner No.2. If the Superintendent of Police upon enquiry, comes to the conclusion that the allegation of the petitioner No.2 against the police officers are correct, then the Department/Employer shall be at liberty to proceed against the wrongdoers for such overt act, in accordance with law.

The writ petition is, thus, disposed of.

There will be no order as to costs.

All parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)