Saibur Rahaman Molla v. State Of West Bengal And ORS.

Sl.No.

24.09.2024 WPA 19404 of 2024 Court No. 35 G.S.Das Saibur Rahaman Molla -VsThe State of West Bengal & Ors.

Mr. Sayan Banerjee ... for the petitioner Mr. Ashis Guha Mr. Naren Ghosh Dostidar ... for the State Mr. Dyutiman Banerjee Mr. Vishal Mallick ... for the private respondent Learned advocate appearing on behalf of the petitioner submits that in spite of the representation advanced to the Inspector-in-charge of Basanti P.S., no steps, till date, has been taken by the police authorities.

Learned advocate for the State is present and submits that as the nature of the allegation(s) of the petitioner seems to be non-cognizable, the police authorities were reluctant to register any FIR.

Learned advocate for the private

respondent is also present.

Without going into the merits of the case and in view of the present provisions of Section 174, sub-section 1(i) of the BNSS, 2023, which empowers the informant to approach the learned jurisdictional Magistrate with a prayer for registration of the FIR in cases of noncognizable offences, the petitioner will approach the learned ACJM, Baruipur or the learned CJM, Alipore and, the learned jurisdictional Magistrate will, obviously, exercise his/her jurisdiction in respect of the allegation(s) made and dispose of the prayer so advanced by the petitioner in accordance with law.

In the meantime, the Inspector-incharge of Basanti P.S. would ensure that no breach of peace takes place at the locale and keep a strict vigil in the locality as complained of.

With the aforesaid observations, WPA 19404 of 2024 is disposed of.

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

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

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

(Tirthankar Ghosh, J.)