Mohan Shit And ORS v. State Of West Bengal And ORS.

D/L 9 19.05.2025 Bpg.

ct.no.35 W.P.A.14624 of 2023 Mohan Shit & Ors.

Versus

The State of West Bengal & Ors.

Mr. Sakya Maiti.

...for the petitioners.

Mr. Jayanta Samanta.

....for the State-respondents.

Mr. Kalipada Chakraborty.

...for the respondent nos.8 to 15.

Petitioners are aggrieved by the inaction of the police authorities as in spite of the representation dated 01.06.2023 furnished with the police authorities, no steps have been taken. According to the petitioners, the accusations complained of are cognizable offences, yet the police authorities did not take any steps.

Mr. Samanta, learned advocate appearing for the State submits that he has taken instructions from the concerned police station being the Officer-inCharge, Patashpur Police Station and he has been reported that over the incident of 25.05.2023 no case was registered.

Learned advocate for the private respondent nos.8 to 15 is present and submits that the nature of

the accusations made in the representation are full of falsities and no incident as complained of took place. Additionally, it has been submitted that the petitioners intend to take aid of the police authorities to establish their dominance.

Having regard to the fact that the incident complained of is of 25.05.2023 and no case has been registered till date as submitted on behalf of the State, petitioners would be at liberty to approach the jurisdictional Magistrate/special court.

The concerned court will assess regarding the nature of the accusations as to whether any cognizable offence is made out, ascertain whether a case for investigation is made out and thereafter pass necessary directions as he deems fit and proper. With the aforesaid observations, WPA 14624 of 2023 is disposed of.

There will be no order as to costs.

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.)