Md Safikul Islam And ANR. v. State Of West Bengal And ORS.

D/L78 23.09.2024 Bpg.

ct.no.35 W.P.A.19111 of 2024 Md. Safikul Islam & Anr.

Versus

The State of West Bengal and others Mr. Shataroop Purkayastha Ms. Jagriti Bhattacharya Mr. Hamidur Rahaman.

...for the petitioner.

Mr. ASish Kumar Guha Mr. Anirban Datta.

...for the State-respondents.

Mr. Somnath Adhikary.

...for the respondent nos.4 to 11.

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

Report submitted by the State be also kept with the record.

Petitioners have already informed the Officerin-Charge, Domkal Police Station as well as the Superintendent of Police of Murshidabad Police District regarding the hassles faced by them while operating their business.

Learned advocate appearing for the private respondent nos.4 to 11 opposes the contentions advanced by the petitioners.

However, in spite of the same, this Court feels that a statutory right of a party cannot be diluted.

Considering the plight expressed by the petitioners and the report so submitted before this Court, I am of the opinion that the proper forum would be the jurisdictional Magistrate to be approached.

If the petitioners approach the jurisdictional Magistrate with an application under Section 156 (3) of Cr.P.C/175(3) B.N.S.S., the learned Magistrate would see whether any cognizable offence is made out or not and thereafter pass the necessary directions upon the police authorities.

With the aforesaid observations, WPA 19111 of 2024 is disposed of.

Pending connected application, if any, is consequently 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.)