Goshtha Behari Dinda @ Goshtha Dinda v. State Of West Bengal And ORS.

D/L 50 31.07.2025 Bpg.

ct.no.35 W.P.A.16553 of 2025 Goshtha Behari Dinda @ Goshtha Dinda

Versus

The State of West Bengal & Ors.

Mr. Jayanta Narayan Chatterjee Mr. Supreem Naskar Ms. Pritha Sinha.

...for the petitioner.

Mr. Suman Sengupta Mr. Jahangir Hossain.

...for the State-respondents.

Mr. Pingal Bhattacharya Mr. Rajdeep Sinha.

...for the respondent nos.6 to 19.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner is aggrieved by the fact that in spite of the directions passed by the learned Magistrate under Section 175(3) of the BNSS till date he is unable to know whether any FIR has been registered. Further, no information has been sent by the investigating agency for recording statement of available witnesses and the petitioner is unable to enter and stay at his residence.

It is an admitted position that the petitioner has his residence within the jurisdiction of Moyna Police Station. There is a dispute and difference with the private respondents. Petitioner claims that he is unable to stay at his residence because of interference.

In view of the apprehension expressed by the petitioner that his life may be at threat, police authorities would see that no breach of the peace and tranquility takes place in case the petitioner enters and resides at his own residence. Needless to state that already a criminal case is pending being Moyna P.S. Case No.172 of 2025. Police authorities are directed that so far as criminal investigation in the said case is concerned, there is no impediment for the police authorities to take steps in accordance with law and any of the observations made above will not be an obstacle in respect of the investigation of the said case.

With the aforesaid observations, WPA 16553 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

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.)