Mijanur Molla v. State Of West Bengal And ORS.

26.06.2025 WPA 12617 of 2025 Sl.No.

Court No. 35 Mijanur Molla -VsThe State of West Bengal & Ors.

G.S.Das Mr. Ranjan Saha Mr. M. Ahamed ... for the Petitioner(s) Mr. Asish Kumar Guha Mr. Benazir Ahmed ... for the State-respondent(s) Mr. Srijan Nayak Ms. Rituparna Maitra ... for the WBSEDCL Affidavit-of-service so filed be kept with the record.

The petitioner is aggrieved by the act and actions of the State-respondents as well as the threat of the respondent no.10.

According to the petitioner, the respondent no.10 threatened him that until and unless a sum of money is paid, the petitioner would be implicated in a false case.

State has submitted a report which reflects that already a case is pending being Haroa PS Case No. 259 of dated 14.05.2025 under the provisions of the Electricity Act, 2003.

Learned advocate for the respondent nos. 8, 9 and 10 enters appearance and submits that it is at the instance of the Electricity Authorities, the present case has been initiated for investigation.

Be that as it may, since the criminal case has already been registered and the petitioner challenges the same on the ground of false implication, I am of the opinion that truth and falsity of the allegation cannot be gone into at this stage.

However, the petitioner would pursue the case on merits. But, so far as the falsity of the allegation is concerned, the same can be advanced at the end of

the trial after examination-in-chief and cross-examination of the witnesses are over.

In view the prayers so advanced in the writ petition, I am of the view that no interference is called for.

With the aforesaid observations, WPA 12617 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)