Madan Sasmal And ANR v. State Of West Bengal And ORS.

S/L 483 (ML) 23.08.2022 Court. No. 19 GB WPA 19772 of 2021 Madan Sasmal & Anr.

VS The State of West Bengal & Ors.

Mr. Anil Kumar Chattopadhyaya.

... for the Petitioners.

Mr. Ansar Mandal, Mr. Sougata Mitra.

... for the State.

The petitioners allege torture by the respondent nos.4 and 5.

The writ petition does not contain the complaint, which was filed with the Liluah Police Station. It appears that two general diaries were lodged. Whether the complaint filed by the petitioners disclosed any offence, is not available before the Court. This Court is not in a position to ascertain the nature and extent of police inaction.

Under such circumstances, the petitioners being senior citizens are granted liberty to approach the police authorities in accordance with law. If the petitioners approach the police authorities, steps shall be taken in accordance with law. The police authorities shall keep a vigil. Accordingly, the writ petition is disposed of. The disposal of the writ petition and observations made herein, shall not be construed as an opinion of the Court with regard to the complicity of the respondent nos.4 and 5 in any alleged offence. It is entirely within the domain of the investigating agency, how to proceed on receipt of the complaint.

However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)