Dhirendra Nath Pan And ANR. v. State Of West Bengal And ORS.

24.06.2025 W.P.A. 10706 of 2025 Item No.38 Ct. No.35 dc.

Dhirendra Nath Pan & Anr.

versus The State of West Bengal & Ors.

Mr. Mahim Sasmal ... For the Petitioners.

Mr. Swapan Banerjee, AGP, Mr. Diptendu Narayan Banerjee ... For the State. Report submitted by the learned advocate appearing for the State be kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioners.

The petitioners are aggrieved by the in action of the police authorities and submit that in spite of informing the police authorities, no steps have been taken and the private respondents have encroached the property. It has also been complained that the petitioners were foisted with criminal cases on the basis of information furnished by the associates of the private respondents.

State has submitted a report which reflects that necessary information was sought for from the BL & LRO, Kharagpur-II.

I have taken into account the accusations made by the petitioners as well as the contents of the report and on an assessment of the same, I am of the view that the petitioners would in the circumstances after having made representation to the Officer-in-Charge, Kharagpur Local Police Station as also the Superintendent of Police,

Paschim Medinipur, has no other option except to approach the jurisdictional Magistrate under the relevant provisions of law.

In view of the aforesaid, if an application under Section 175(3) of BNSS is preferred by the petitioner(s), then the concerned court would assess and ascertain whether a case for investigation is made out and pass necessary directions.

In the meantime, the police authorities would keep a strict vigil and ensure that no breach of the peace or tranquility takes place at the locale and/or any untoward incident results because of the strained relationship existing between the petitioners and the private respondents.

With the aforesaid observations, the writ petition being WPA 10706 of 2025 is disposed of. There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)