Xx v. State Of West Bengal And ORS.

W.P.A. 11436 of 2025 XX VS The State of West Bengal & Ors.

Mr. Rishabh Ahmed Khan Mr. Aman T.

...for the Petitioner.

Mr. Ansar Mondal, AGP, Ms. Srilekha Bhattacharyya ...for the State.

Affidavit-of-service filed by the petitioner be kept 22.07.2025 Court No. 35 D/L. No.20 Rakib with the record.

Petitioner is aggrieved regarding the outcome of the investigation arising out of Narendrapur Police Station case no. 150/25. Petitioner's main grievance is that all the sridhan articles were not recovered particularly, the jewelleries.

To that effect the representation was submitted before the police authorities on May, 2025 and according to the petitioner ignoring the same the police authorities submitted charge-sheet before the jurisdictional Court. State has submitted a report. Report reflects that the police authorities on conclusion of investigation submitted charge-sheet under Section 85/316(2)/117(2) of the BNS, 3/4 of D.P. Act and Section 6 of the POCSO Act against Manoj Shaw, while under the relevant provisions of BNS and D.P. Act charge-sheet has been submitted against Bhola Shaw, Urmila Devi, Rakesh Shaw, Rupa Shaw and Manvi Shaw @ Jyoti Devi.

Having considered that the charge-sheet was submitted on or about 23.04.2025 before the jurisdictional Court, I am of the opinion if the petitioner is aggrieved regarding the act and action of the police authorities, petitioner should approach the jurisdictional Court which has taken cognizance of the offence. The representation to the police authorities were unwarranted in view of the fact that the Court of law is already in seisin of the issue. Since Section 193(9) of the BNSS provide ample opportunity to the petitioner to redress the grievance, I direct the petitioner to approach the learned Special Court in seisin of the issue. Learned Special Court will assess and ascertain regarding the genuinity of the grievance of the petitioner and pass necessary directions as he deems fit and proper.

With the aforesaid observations WPA 11436 of 2025 is disposed of.

Report so submitted by the State be kept with the record.

Copy of the report be handed over to the learned advocate appearing for the petitioner.

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.)