Ashoke Bhowmick v. State Of West Bengal And ORS.

15.05.2025 WPA 9992 of 2025 Sl.No.

Court No. 35 Ashoke Bhowmick -VsThe State of West Bengal & Ors.

G.S.Das Mr. S. Bera ... for the Petitioner(s) Mr. Somnath Ganguli, ld. AGP Ms. Kalpita Paul ... for the State-respondent(s) Mr. Sabir Ahmed Mr. Tasnim Ahmed Mr. Dhiman Banerjee Mr. Quazi E. Ahmed ... for the respondent nos. 4 & 5 The petitioner has informed the Anandapur Police Station lastly on 12.03.2025 wherein the police authorities did not respond. The information, prima facie, reflects that there is a dispute between the co-sharers. The petitioner claims that he is subjected to threat at the behest of the private respondents. The petitioner further alleges that he is unable to get his possession.

So far as the issue relating to possession is concerned, the learned civil

court is the appropriate authority to decide the same.

However, the police authorities would ensure that no breach of peace and/or tranquility takes place as also ensure there is no threat, as has been complained of by the petitioner, which may instill insecurity in the mind of the petitioner.

The police authorities would further ensure that since the parties are at loggerheads, no cognizable offence results because of any over action at the behest of any of the parties.

However, the petitioner would be at liberty to approach the jurisdictional Magistrate under the relevant provisions of law. The learned Magistrate would assess whether any cognizable offence is made out as also ascertain whether any case for investigation is made out, thereafter, exercise his/her discretion, if required.

With the aforesaid observations, WPA 9992 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.)