Rabiya Khatun v. The State Of West Bengal And ORS.

D/L 137 19.05.2025 Kausik ct.no.35 W.P.A. 10263 of 2025 Rabiya Khatun

Versus

The State of West Bengal & Ors.

Mr. Partho Sarathi Das Mr. Mritunjoy Saha ...for the petitioner.

Mrs. Sabnam De Bardhan, Jr. Govt. Adv.

Mrs. Kakali Naskar ...for the State.

Petitioner and the private respondent no. 7 are related to each other and they are at loggerhead. To that effect, earlier cases have been instituted and the report submitted by the police authorities reflects that on the basis of a complaint of the petitioner Titagarh Police Station Case No. 796/2019 dated 09.12.2019 was registered for investigation. Subsequently, petitioner also preferred proceedings under section 144 of the Cr.P.C. in the year 2023. There were issues, also regarding the electricity meter of the petitioner at her shop being set on fire. The last of the incident which has been complained of is on or about 16.04.2025. To that effect, police authorities have drawn up proceedings under section 126 of the BNSS.

Having considered the series of cases already initiated by Mohanpur Police Station, I am of the view that in case the petitioner has materials in her possession relating to any cognizable or noncognizable offence, petitioner would approach the jurisdictional Magistrate.

The jurisdictional Magistrate would assess regarding the materials which are being produced, a preliminary enquiry be conducted and thereafter the learned Magistrate will take steps by passing necessary directions under the relevant provisions of law.

With the aforesaid observations WPA 10263 of 2025 is disposed of.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)