Koustav Bagchi v. The State Of West Bengal And ORS.

03.07.2025 Sl No.11 Court No.8 (gc) WPA (P) 235 of 2025 Koustav Bagchi Vs.

The State of West Bengal & Ors.

Mr. Billwadal Bhattacharyya, Sr. Adv., Mr. Anish Kumar Mukherjee, Mr. Suryaneel Das, Mr. Tamoghna Pramanick ...for the Petitioner.

Mr. Kishore Datta, Ld. Advocate General, Mr. Swapan Banerjee, Ld. A.G.P., Ms. Sunita Shaw, Mr. Soumen Chatterjee ...for the State.

Mr. Asok Kumar Chakraborty, Ld. A.S.G.

Mr. Pradyat Saha ...for the U.O.I.

Mr. Arun Kumar Mohanty, Mr. Bhaskar Prosad Banerjee, Mr. Debashish Tandon ...for the N.I.A.

Soumen Sen, J. (Oral):

1.

The affidavit-of-service is kept with the record. 2.

The allegation against the State is not substantiated and the petitioner does not want to proceed against the State as it has been fairly submitted that the representation of the petitioner before the Secretary, Ministry of Home Affairs dated 15th June, 2025 is pending and has not been considered by the said authority and accordingly the petitioner has prayed for consideration of his representation before the respondent no.6. In the writ petition, a prayer is essentially made for consideration of the complaint by the

appropriate authority, namely, the respondent no.6. The petitioner claims to be the resident of the locality and has alleged that there had been a blast at an apartment near to his place and the ingredients of the offence attracts the provisions of the Indian Explosives Act.

3.

In view thereof, without going into the question with regard to the maintainability of the public interest litigation, we direct the respondent no.6 to consider the representation and dispose of the said representation in accordance with law.

4.

The learned Counsel for the State has submitted that the local police authorities have already started investigation and an FIR has been lodged.

5.

The report filed by the Officer-in-Charge, Titagarh Police Station, Barrackpore Police Commissionerate disclosing steps taken by the investigating authority is kept with the record. 6.

Accordingly, the writ petition is disposed of. 7.

However, there shall be no order as to costs. 8.

Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Soumen Sen, J.) (Smita Das De, J.)