Sushil Gayen v. The State Of West Bengal And ORS.

07.05.2025 WPA 8849 of 2025 Sl.No.

Court No. 35 Sushil Gayen -VsThe State of West Bengal & Ors.

G.S.Das Mr. Mujibar Ali Naskar Mr. Sandip Kr. Mondal ... for the Petitioner(s) Mr. Swapan Banerjee, ld. AGP Mr. Diptendu Narayan Banerjee ... for the State-respondent(s) Mr. Supriyo Chattopdhyay Mr. Sudip Kumar Maiti Ms. Debasree Chatterjee ... for the respondent nos.4 to 10 The petitioner is aggrieved by the fact that his representation made with the police authorities was not considered by Officer-in-charge of Khejuri Police Station.

Learned advocate for the petitioner submits that private respondents attacked the petitioner pursuant to the order passed on 02.04.2025 in WPA 6052 of 2025. Learned advocate also draws the attention of the court regarding the nature of the weapons which were allegedly used for inflicting injuries upon the petitioner.

However, no medical documents are presently available with the petitioner.

Learned advocate for respondent nos. 4 to 10 submits that pursuant to the directions passed in the earlier writ petition, they have already approached the civil court and the learned civil court is already in seisin of the issues regarding the dispute complained of.

I have considered report submitted by the State which reflects that the police authorities have know how regarding the incident complained of.

However, having regard to the nature of the complaint, I am of the view that the petitioner would approach the jurisdictional Magistrate under the relevant provisions of law. The learned Magistrate would assess regarding the accusations as also the nature of the alleged offence complained of, thereafter, exercise his/her discretion in accordance with law.

In meantime, police authorities would oversee that no untoward incident results because of the strained relationship existing between the parties.

With the aforesaid observations, WPA 8849 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record. Copies of the report be handed over to both the parties.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)