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Calcutta High CourtWPA/16443/2025disposed

Laltu Malithya v. The State Of West Bengal Adn ORS.

2025-07-30Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 57 30.07.2025 Bpg.

ct.no.35 W.P.A.16443 of 2025 Laltu Malithya

Versus

The State of West Bengal & Ors.

Mr. Mokaram Hossain Mr. Salauddin Ahamed Mr. Md. Naimul Islam.

...for the petitioner.

Mr. Sumon Ghosh Mr. Mohaimenul Mondal.

...for the State-respondents.

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

Petitioner is aggrieved by the fact that in spite of informing the Officer-in-Charge, Jalangi Police Station relating to the attack sustained by the petitioner at the hands of the private respondents, no steps have been taken. Petitioner further draws the attention of the Court that in T.S.134 of 2024 there was a specific direction upon the Officer-in-Charge, Jalangi Police Station to keep vigil in the suit property and to ensure due compliance of the order passed by the civil court by both the parties.

State has submitted a report. Report reflects that police authorities on receipt of information have

already drawn up proceedings under Section 126 of the BNSS.

Be that as it may, in case the petitioner is of the view that a cognizable offence has been committed at the behest of the respondents, petitioner would approach the jurisdictional Magistrate under the relevant provisions of law. Learned Magistrate would assess and ascertain the accusations and thereafter pass necessary directions as he deems fit and proper. In case there is a breach of the order passed by the civil court, petitioner would canvass the issue before the jurisdictional civil court also. Police authorities would oversee that no further untoward incident results because of the inimical relationship existing between the petitioner and the private respondents. With the aforesaid observations, WPA 16443 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. 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.)