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Calcutta High CourtWPA/8633/2025disposed

Minjarul Molla v. State Of West Bengal And ORS.

2025-05-05Hon'Ble Justice Tirthankar Ghosh2 pages

W.P.A. 8633 of 2025 Minjarul Molla.

VS The State of West Bengal & Ors.

Ms. Rituparna De Ghosh, Ms. Salma Sultana.

... for the Petitioner.

Mr. Amal Kumar Sen, Ld. AGP, Mr. Jaladhi Das.

...for State.

Affidavit-of-service and supplementary affidavit 05.05.2025 Court No. 35 Item No.56 Rakib filed by the petitioner be kept with the record. Petitioner is aggrieved by the fact that the police authorities are trying to hound him because of the act and actions of one of his relations. To that effect learned advocate for the petitioner has drawn the attention of this Court to the contents of the Tehatta PS case no. 638 of 2024 dated 03.09.2024. Learned advocate for the petitioner candidly submits that the anticipatory bail application of the petitioner was rejected by the Hon'ble High Court, Calcutta, thereby the police authorities have prayed for issuance of warrant, proclamation and attachment. Grievance of the petitioner is that the said harsher process of law was issued pursuant to the writ petition being preferred before this Court.

Learned advocate for the State has submitted a report which reflects that steps taken by the investigating officer of the case, a history-sheet of the cases pending

against the petitioner and his associates have also been canvassed in the report so submitted.

Be that as it may, since at this stage the learned Magistrate has issued harsher process of law i.e. proclamation and attachment, petitioner would be at liberty to approach the Revisional Court with prayers for appropriate relief as against an order passed by a Magistrate Court, the statutory provisions relating to Cr.P.C./BNSS will apply.

With the aforesaid observations WPA 8633 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.)