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Calcutta High CourtWPA/10435/2025disposed

Subhadip Sau v. State Of West Bengal And ORS.

2025-05-20Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 82 20.05.2025 Kausik ct.no.35 W.P.A. 10435 of 2025 Subhadip Sau

Versus

State of West Bengal & Ors.

Mr. Surajit Basu Ms. Jasika Alam ...for the petitioner.

Mr. Somnath Ganguli, AGP/Sr. Adv.

Ms. Kalpita Paul ...for the State.

Petitioner alleges that petitioner was subjected to assault at the behest of the private respondents and his motorcycle was illegally retained by the private respondents. Further cash amount which the petitioner was carrying was also taken away by the respondents. To that effect, petitioner informed the local police station but no steps were taken, as such petitioner was compelled to approach this Court.

State has submitted a report. Report reflects that Shyampur PS NCR No. 410/25 dated 30.04.2025 under section 115(2) BNS has been registered. However, since the same is Shyampur PS NCR No. 410/25 the police authorities did not as such register a case for cognizable offence. Petitioner

complains that the offences complained of are cognizable offences and as such the police authorities should have in their wisdom registered the case in a proper manner.

Be that as it may, petitioner would be at liberty to approach the jurisdictional Magistrate with specific prayers under relevant provisions of law. Learned Magistrate would assess regarding the accusations and pass necessary directions.

With the aforesaid observations WPA 10435 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.)