Calcutta High CourtWPA/11928/2025disposed

Lal Mohan Das v. The State Of West Bengal And ORS.

2025-06-25Hon'Ble Justice Tirthankar Ghosh2 pages

W.P.A. 11928 of 2025 Lal Mohan Das.

VS The State of West Bengal & Ors.

Mr. Ratan Das.

...for the Petitioner.

Mr. Biswabrata Basu Mallick, Ld. AGP, Ms. Parna Roy Choudhury.

...for State.

Mr. Sattwik Bhattacharyya, Mr. Titas Niyogi.

...for the respondent nos. 6 & 7.

Affidavit-of-service filed by the petitioner be kept 25.06.2025 Court No. 35 Item No. 27.

Rakib with the record.

Petitioner is aggrieved by the fact that the representation dated 18.05.2025 made to the Superintendent of Police, South 24 Paraganas was not responded. To that effect petitioner also referred to earlier writ petition filed before this Court and main grievance is against the investigating officer of the case who according to the petitioner being hand in gloves with the respondent no.6 and 7 has registered Frezerganj Coastal Police Station case no. 67/25 against the petitioner under Section 281/324(4) of the BNS, 2023.

Since the petitioner has exhausted the procedures available under the provisions of BNSS, 2023 and it has been categorically stated in Section 173(4) of the BNSS that any person aggrieved by inaction of the Superintendent of Police can make an application to the

Magistrate, I direct and grant liberty to the petitioner to approach the Jurisdictional Magistrate in respect of the accusations which were forwarded to the Superintendent of Police and which are not acted upon. Learned Magistrate would consider the representation in accordance with law and pass necessary directions as he deems fit and proper.

With the aforesaid observations WPA 11928 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.)