Lakshmi Pramanik v. State Of West Bengal And ORS.

D/L 60 26.06.2025 Bpg.

ct.no.35 W.P.A.12385 of 2025 Lakshmi Pramanik

Versus

The State of West Bengal & Ors.

Mr. Jisan Iqbal Hossain Mr. Dhananjay Banerjee Mr. Pralay Hazra.

...for the petitioner.

Mr. Sirsanya Bandopadhyay Mr. Debopriyo Karan.

...for the State-respondents.

Mr. Maimun Hasan Md. Abu Danish.

...for the private respondent no.7.

Affidavit-of-service filed by the petitioner be kept with the record.

Learned advocate appearing for the petitioner is aggrieved by the fact that in spite of informing the Superintendent of Police, Murshidabad regarding the records of the property being forged and the private respondents trying to grab the property, no steps have been taken by the police authorities.

State has submitted a report. Report reflects that in respect of apprehension of the breach of peace, proceedings have been drawn up under Section 126 of the BNSS. Police have kept a strict vigil.

Learned advocate appearing for the respondent no.7 submits that since no affidavits have been called for, the accusations made in the writ petition be deemed not to have been admitted. Having considered the nature of the accusations complained of to the Superintendent of Police and the fact that no steps have been taken, I direct that the petitioner would be at liberty to approach the jurisdictional Magistrate under Section 175(3) of the BNSS. Learned Magistrate will assess and ascertain whether an investigation is called for and thereafter pass necessary directions as he deems fit and proper.

With the aforesaid observations, WPA 12385 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

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

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

(Tirthankar Ghosh, J.)