Asit Kumar Dey v. The State Of West Bengal And ORS.

29.07.2025 W.P.A. 15584 of 2025 Item No.23 Ct. No.35 dc.

Ashit Kumar Dey versus The State of West Bengal & Ors.

Mr. Indrajeet Dasgupta, Mr. Gourab Maiti ... For the Petitioner.

Mr. Amitabrata Roy, Ld. G.P., Mr. Debapriya Chatterjee ... For the State.

Mr. Sanjib Kumar Mukhopadhyay, Ms. Prama Roy, Ms. Nargish Parveen ... For the Respondent Nos.4 & 5. Affidavit-of-service filed in Court today be kept with the record.

The petitioner is aggrieved by the fact that in spite of Belghoria Police Station Case No.534 of 2022 has been registered on 22.10.2022, no steps have been taken by the police authorities.

On the other hand, learned advocate appearing for the State has produced the case diary and drawn the attention of the Court to the fact that on 30th November, 2024, the final report has been submitted with a specific contention that the subject-matter of the case is a civil dispute. Learned advocate appearing for the private respondent nos. 4 and 5 opposes the contentions in the writ petition and submits that the conclusion arrived at by the police authorities are in consonance with the provisions of the law.

Since the final report has been submitted and the petitioner claims that he was not notified regarding the outcome of the investigation, as such he could not address the issue of his dissatisfaction before the jurisdictional court. I direct the police authorities to issue a fresh notice, even if they have earlier issued a notice, informing the outcome of the investigation to the present petitioner who has set the law into motion.

Petitioner, if he is aggrieved, he would approach the jurisdictional court for necessary remedies. The jurisdictional court would, in case any application is filed, dispose of the same within a period of 60 days.

Needless to state that this Court has not entered into the merits of the case and it would be for the learned Magistrate in seisin of Belghoria Police Station Case No.

of to independently consider the further prayers which are being advanced before him.

With the aforesaid observations, the writ petition being WPA 15584 of 2025 is disposed of. There will be no order as to costs.

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.)