Serina Begum Sekh v. State Of West Bengal And ORS.

D/L 7 02.09.2025 ct.no.35 Kausik W.P.A. 18275 of 2025 Serina Begum Sekh

Versus

The State of West Bengal & Ors.

Mr. Md. Mozammel Hossain Mr. Sandipan Maity Mr. Mohammad Irfan ...for the Petitioner.

Mr. Amitabrata Roy, Ld. G.P.

Mr. Jayanta Samanta Ms. Sharmila Deb ...for the State.

Petitioner claims to be owner of a plot of land wherein the private respondents have been interfering by disturbing the peaceful enjoyment of the property and to that effect, it has been alleged that in order to grab the property with the aid of sharp weapons, the private respondents trespassed into the property and when resisted, the respondents outraged the modesty of the female folk and abused the minor son of the petitioner. The accused persons also threatened the petitioner and his family members.

State has submitted a report. Report reflects that the police authorities have drawn up proceedings under section 126/135 of the BNSS. Police authorities in their report has also stated that

no medical documents or any supporting materials were produced relating to physical assault.

Be that as it may, police authorities have already taken steps to the best of their understanding. Prima facie, I am of the view that the accusations which have been made by the petitioner reflect regarding offences have been made out. Accordingly, petitioner will approach the jurisdictional Magistrate under section 175(3) of the BNSS. Learned Magistrate would, under those circumstances, asses and ascertain regarding the allegations and thereafter pass necessary directions upon the Inspector-in-Charge of Monteswar Police Station. In the meantime, police authorities would ensure that there is no breach of the peace and or tranquility and or any untoward incident takes place.

With the aforesaid observations WPA 18275 of 2025 is disposed of.

Report 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.

(Tirthankar Ghosh, J.)