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Calcutta High CourtWPA/13302/2025disposed

Biplab Kumar Chowdhury v. The State Of West Bengal And ORS.

2025-07-02Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 117 02.07.2025 ct.no.35 Kausik W.P.A. 13302 of 2025 Biplab Kumar Chowdhury

Versus

The State of West Bengal & Ors.

Mr. Anindya Halder ...for the petitioner.

Mr. Vivekananda Bose Mr. Kushal Das ...for the State.

Learned advocate appearing for the petitioner submits that since he has approached the appropriate authorities for grant of sanction and the same till date has not been granted, the jurisdictional Magistrate is reluctant to accept any application/complaint filed at the behest of the present petitioner, as public servants are involved. Petitioner submits that the permission for such sanction was sought for on 26.05.2025.

Mr. Bose, learned advocate appears on behalf of the State. In view of the statutory period required being not over this court is not inclined to interfere with the prayers advanced in the writ petition.

Petitioner will approach the jurisdictional Magistrate after the said period as is provided in the statute is over.

Learned advocate for the State submits that since the State has not been called upon to use any affidavit, the accusations made in the writ petition should be deemed not to have been admitted by the State.

In view of the stage at which the petitioner has approached this Court, I am of the opinion that the prayers advanced cannot be entertained as directed above. Petitioner if so advised would take steps.

With the aforesaid observations WPA 13302 of 2025 is disposed of.

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

(Tirthankar Ghosh, J.)