Sekh Masgul v. The State Of West Bengal And ORS.

WPA 18746 of 2025 Sl.No.

28.08.2025 Court No. 35 G.S.Das Sekh Masgul -VsThe State of West Bengal & Ors.

Mr. Golam Karim Chowdhury ... for the Petitioner(s) Mr. Ashim Kr. Ganguly Mr. Amartya Pal ... for the State - Respondent(s) Mr. Sanjib Kumar Dan ... for the respondent nos. 12-23 Re The petitioner is aggrieved by the fact that inspite of informing the Officerin-charge of Panrui Police Station, no steps have been taken.

The petitioner contends that the private respondents are abusing, threatening and forcefully trying to capture his land.

It has further been alleged that there has been obstruction in his free egress and ingress at the behest of the private respondents.

Additionally, it has been contended that inspite of the police authorities being informed, they did not respond to the same. Moreover, they threatened the petitioner.

State has submitted a report which reflects that the respondent no.17 is the first wife of the complainant and out of the said wedlock, one son and three daughters were born. The report speaks that there is already a specific criminal case being Panrui PS Case No.

119 of 2024 dated 30.07.2024 in which after conclusion of the investigation, charge-sheet has been submitted before the jurisdictional court.

The report also speaks that on the basis of the information further furnished by the petitioner, Panrui PS Case No. 159 of 2024 dated 24.09.2024 was registered under Section 326(f)/351/3(5) of the BNS, wherein, on conclusion of the investigation, Final

Report as 'Mistake of Fact'

was submitted.

Presently, on an assessment of the situation, the police authorities have drawn up a proceeding under Sections 126/135(3) of the BNSS.

Considering that the dispute arose out of the family feud and it is reflected in the report that the land is being cultivated by the first wife and the son of the petitioner, I am of the view that the police authorities have hardly any role to involve themselves.

Learned advocate for the private respondents disputes and denies the contentions so advanced and submits that since affidavits have not been invited, the other allegations made in the writ petition are deemed not to have been admitted.

Taking into account the overall circumstances, I direct that the police authorities would only interfere in case

there is violation of any law and order.

With the aforesaid observations, WPA 18746 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record. Copy of the report be handed over to both the parties.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)