Saroj Kumar Misra And ORS v. State Of West Bengal And ORS.

D/L 83 05.05.2025 Kausik ct.no.35 W.P.A. 8765 of 2025 Saroj Kumar Mishra & Ors.

Versus

State of West Bengal & Ors.

Mr. Satadru Lahiri Mr. Saurav Paul Mr. Safdar Azam ...for the petitioner.

Mr. P.K. Mitra, Sr. Adv.

Mr. Pinak Kumar Mitra Ms. Sananda Bhattacharjee ...for the respondent nos. 7 to 12.

Mr. Ashim Kumar Ganguly, AGP Mr. Tarak Karan ...for the State.

Petitioner is aggrieved by the fact that the representation which was furnished with the Officerin-charge, Anandapur Police Station was not considered in spite of cognizable offence having been made out. According to the petitioner there were illegal gambling stall at the fair/mela premises and the same was ignored by the administration as well as the police authorities.

According to the learned advocate appearing for the petitioner the fair commenced on 14.04.2025 and would continue till 14.05.2025.

State has submitted a report and verbally it has been submitted on behalf of the learned advocate appearing for the State that the fair/mela is over. This has been also adopted by the learned advocate appearing for the private respondents. The report of the State is enclosed with number of documents including the manner in which the police authorities dealt with the complaint of the petitioner dated 24.03.2025.

Petitioner is aggrieved as no steps were taken in respect of the informations so furnished. The report of the State reflects that the Officer-incharge, Anandapur Police Station was pleased to assign the information of the petitioner and for submission of a report by the Superintendent of Police, Paschim Medinipur.

Having considered that there was a direction from the Superintendent of Police, Paschim Medinipur in respect of working out on the information furnished to the Officer-in-charge of Anandapur Police Station, I am of the view that the concerned police authorities would inform the outcome in respect of the enquiry and/or efforts carried out to the petitioner by way of a written communication.

Petitioner if he is so aggrieved regarding the steps taken by the police authorities would be at

liberty if so advised to approach the jurisdictional Magistrate under the relevant provisions of law. Learned Magistrate would assess whether any cognizable offence is made out, ascertain whether a case for investigation is made out and thereafter pass necessary directions by exercising his discretion.

As directed above within two weeks from date the Officer-in-charge, Anandapur Police Station will communicate the outcome in respect of the enquiry so conducted so far as the information dated 24.03.2025 is concerned.

With the aforesaid observations WPA 8765 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.)