Safiar Molla v. State Of West Bengal And ORS.

M/L364 06.12.2024 Bpg.

ct.no.35 W.P.A.17255 of 2023 Safiar Molla

Versus

State of West Bengal & Ors.

Mr. Tapash Kr. Dey Mrs. Saswati Ghosh Sinha.

...for the petitioner.

Ms. Rupsha Chakraborty.

...for the State-respondents.

Learned advocate appearing for the petitioner is aggrieved by the inaction of the police authorities in respect of the representation dated 10.07.2023. The main grievance of the petitioner is that he was deprived of his legitimate dues and the private respondents threatened the petitioner of dire consequences with deadly weapons.

As none appears on behalf of the State, Ms.

Chakraborty, learned advocate, who ordinarily, appears on behalf of the State, is directed to represent the State. Her appointment may be regularized by the concerned authorities.

In case the police authorities till date has not registered any case, petitioner would approach the learned jurisdictional Magistrate under Section 175(3) of the BNSS. Learned Magistrate will first call for a report from the police authorities assessing regarding

the facts of whether a case on the information so furnished on 10.07.2023 has been registered or not. Thereafter, the learned Magistrate would assess regarding the genuinity of the accusations and as to whether any investigation is called for. Learned Magistrate thereafter will pass necessary directions in accordance with law.

With the aforesaid observations, WPA 17255 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.)