Satya Narayan Shah v. State Of West Bengal And ORS.

W.P.A. 15515 of 2024 Satya Narayan Shah.

VS The State of West Bengal & Ors.

Mr. Apurba Kr. Ghosh, Mr. Rudranil Ghosh.

... for the Petitioner.

Mr. Suman Ghosh, Ld. Sr. Adv., Ms. Munmun Tewary ... for the State.

Affidavit-of-service filed by the petitioner be kept 19.03.2025 Court No. 35 Item No.109 Rakib with the record.

Petitioner is aggrieved by the fact that inspite of Liluah Police Station case no.

318/2023 dated 18.07.2023 is pending, the private respondent attacked the petitioner once again and he sustained injury. To that effect he informed the local police station but inspite of receipt of information no steps were taken by the concerned police station. Petitioner has drawn the attention of the Court to a medical document of Belur State General Hospital and submitted that he has proof in support of his contention which was advanced to the police station.

State has submitted a report. Report reflects that so far as the investigation relating to Liluah PS case no. 318/2023 is concerned, on conclusion of investigation charge-sheet was submitted before the jurisdictional Court under the relevant provisions of the Indian Penal Code against respondent nos. 4 to 7.

Having considered that the police authorities have taken steps and subsequently on informations have drawn up proceedings under Sections 107/116 of the Cr.P.C. and a strict patrolling has been maintained because of the petitioner being physically challenged. I am of the view inspite of the same if the petitioner is aggrieved, petitioner would be at liberty to approach the jurisdictional Magistrate by invoking the relevant provisions of law.

Learned Magistrate would assess whether a cognizable offence is made out, ascertain whether case for investigation is revealed and thereafter he would decide whether to pass or not to pass any necessary orders. As is reflected from the report that the police authorities have kept surveillance they would continue to keep a strict vigil and ensure that there is no breach of the peace and/or tranquility and/or any further untoward incident resulting from the strained relationship between the parties.

With the aforesaid observations WPA 15515 of 2024 is disposed of.

Report so submitted by the State be kept with the record.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)