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Calcutta High CourtWPA/19581/2024disposed

Amal Mandal v. State Of West Bengal And ORS.

2024-10-04Hon'Ble Justice Tirthankar Ghosh2 pages

D/L55 04.10.2024 Bpg.

ct.no.35 W.P.A.19581 of 2024 Amal Mandal

Versus

The State of West Bengal & others Mr. Abdur Rakib Mr. Mojahid Mehedi Mr. Somnath Majumder.

...for the petitioner.

Mr. Biswabrata Basu Mallick Ms. Parna Roy Choudhury.

...for the State-respondents.

Affidavit of service filed by the petitioner be kept with the record.

Learned advocate for the petitioner is aggrieved by the fact that at his instance the case was initiated being Gaighata Police Station Case No.611 of 2024 dated 26.06.2024. Subsequent to the case being registered, the police authorities have failed to take any steps and the de facto complainant is being threatened for withdrawal of the case.

Presently, the jurisdictional court is in seisin of Gaighata Police Station Case No.611 of 2024. De facto complainant/petitioner before this Court is granted liberty to initiate the proceeding under Section 232 of BNS, 2023 before the learned Judicial Magistrate in seisin of Gaighata Police Station Case No.611 of 2024. If such application is

filed, appropriate directions be given to the police authorities for taking appropriate care and caution in respect of the allegations made by the de facto complainant, both regarding his person and property. With the aforesaid observations, WPA 19581 of 2024 is disposed of.

Pending connected application, if any, is consequently disposed of.

There will be no order as to costs.

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

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

(Tirthankar Ghosh, J.)