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Calcutta High CourtWPA/14016/2023disposed

Suman Naskar v. State Of West Bengal And ORS.

2024-12-06Hon'Ble Justice Tirthankar Ghosh2 pages

M/L349 06.12.2024 Bpg.

ct.no.35 W.P.A.14016 of 2023 Suman Naskar

Versus

The State of West Bengal & Ors.

Mr. Sandip Ghosh Mr. Partha Sarkar.

...for the petitioner.

Mr. Suman Ghosh Mr. Soumen Chatterjee.

...for the State-respondents.

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

Petitioner lodged a complaint with the Officer-in-Charge, Kolkata Leather Complex Police Station on or about 10.04.2023. The substance of the accusation was that he was not allowed to cultivate his land at the behest of the private respondents. Learned advocate for the State has submitted a report enclosing the General Diary Entry.

As no cognizable offence has surfaced, police authorities could not register a case. However, a strict vigil has been kept by the police to prevent any breach of the peace.

In view of the fact that more than 1 1⁄2 years have passed since the information was furnished to the Officer-in-Charge, Kolkata Leather Complex Police

Station, I direct the petitioner to file a fresh representation before the police officer concerned with all documents in his custody. The concerned Officerin-Charge will assess regarding the authority of the petitioner to cultivate the said land and accordingly exercise his discretion to arrive at his conclusion. The outcome of the same be informed within a period of 30 days from the date of filing of subsequent representation.

With the aforesaid observations, WPA 14016 of 2023 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.)