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Calcutta High CourtWPA/18653/2025disposed

Saraswati De @ Saraswati Devi Shaw v. State Of West Bengal And ORS.

2025-08-21Hon'Ble Justice Tirthankar Ghosh2 pages

21.08.2025 W.P.A. 18653 of 2025 Item No.5 Ct. No.35 dc.

Saraswati De @ Saraswati Devi Shaw versus The State of West Bengal & Ors.

Ms. Rinku Sen, Mr. Sagnik Bhattacharya, Ms. Dolly Shaw, Ms. Ruksar Parveen ... For the Petitioner.

Mr. Amitabrata Roy, ld. GP, Mr. Nilotpal Chatterjee, Mr. Shibasish Banerjee ... For the State.

Report submitted by the learned advocate appearing for the State be kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner.

Petitioner complains that she has been subjected to harassment at the hands of the recovery agents of private respondent nos. 2 and 3 herein.

State has submitted a report which reflects that information was furnished to the police station and it was revealed during enquiry that the loan was taken in the year 2017, but the petitioner was unable to pay the loan. Consequently, the agents of SBFC Finance Private Limited approached for recovery. However, it has been categorically stated in the report prepared by the Officer-in-Charge, Rishra Police Station that in course of enquiry, no incident of undue behaviour or coercive approach surfaced.

As the police authorities on enquiry have arrived at their conclusion, I am of the view that if the petitioner is so advised, petitioner would approach the jurisdictional court for necessary reliefs.

Learned Magistrate would in such circumstances assess the genuinity of the allegations and thereafter pass necessary directions as he deems fit and proper.

With the aforesaid observations, the writ petition being WPA 18653 of 2025 is disposed of. Pending connected application, if any, is consequently disposed of.

There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)