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Calcutta High CourtWPA/14145/2023disposed

Dr Uma Shankar Prasad v. State Of West Bengal And ORS.

2024-12-06Hon'Ble Justice Tirthankar Ghosh3 pages

M/L 351 06.12.2024 Kausik ct.no.35 W.P.A. 14145 of 2023 With CAN 1 of 2024 Dr. Uma Shankar Prasad

Versus

State of West Bengal & Ors.

Mr. Sandipto Bose Ms. Anchita Sarkar ...for the petitioner.

Mr. Sandip Kumar De Mr. Abhijit Sarkar ...for the respondent nos. 4 to 8.

Mr. Ansar Mondal Mr. Hemanta Kr. Das ...for the state.

Petitioner complains that he made a representation with the Inspector-in-Charge, Asansol (South) Police Station on or about 01.03.2023, but the police authorities did not act upon such representation.

Learned advocate for the petitioner submits that in respect of a particular complaint addressed by the petitioner, police authorities have already registered a case.

Learned advocate for the state has submitted a report. Report reflects that the police authorities forwarded the representation to the concerned

authorities and on their findings, it did not inspire confidence of the police authorities to register any case.

Learned advocate for the private respondents submits that the complaint dated 01.03.2023 addressed to the Inspector-in-Charge is a counterblast to the FIR which was registered being Asansol (South) Police Station Case No.

31/21 dated 16.01.2021.

Be that as it may, without going into the disputes and the relationship between the parties and the admitted fact that no case has been registered by the police authorities, I grant liberty to the petitioner to approach the jurisdictional magistrate for invoking the powers under section 175(3) of the BNSS.

Learned Magistrate would assess regarding the contents of the petitioner and thereafter exercise his discretion adhering to the provisions of law and if required then pass necessary directions.

With the aforesaid observations WPA 14145 of 2023 is disposed of.

Report so submitted be kept with the record.

A copy of the report be handed over the to the learned advocate appearing for the petitioner as well as the respondents.

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

(Tirthankar Ghosh, J.)