Manohar Singh v. State Of West Bengal And ORS.

Sl.No.

25.09.2024 WPA 19921 of 2024 Court No. 35 G.S.Das Manohar Singh -VsThe State of West Bengal & Ors.

Mr. N. C. Betal ... for the petitioner Mr. Jahar Lal Dey Mr. Durga Bhusan Mukherjee ... for the State Affidavit of Service so filed be kept with the record.

Report so submitted by the State be also kept with the record.

The report reflects that, earlier, Baguiati Police Station Case No. 207 of 2024 dated 07.04.2024 was registered for investigation on the basis of a complaint filed by the respondent no.5. The report also encloses a charge-sheet which has been submitted in connection with the said case.

Thereafter, a proceeding under

Section 126B of BNSS dated 13.08.2024 has been initiated after enquiry in respect of a petition filed by the present petitioner.

According to the contents therein, both the parties are abusing each other and a tension is prevailing amongst them.

Having considered the plight expressed by the petitioner and further that the petitioner has become pauper, whose money has been withdrawn by the private respondents, I grant liberty to the petitioner to approach the jurisdictional criminal Court under Section 175 of the BNSS. The jurisdictional criminal court will enquire into the issue and, thereafter, decide as to whether any police investigation is required or not.

With the aforesaid observations, WPA 19921 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.)