Banani Das v. The State Of West Bengal And ORS.

WPA 19434 of 2025 Sl.No.

26.08.2025 Court No. 35 G.S.Das Banani Das -VsThe State of West Bengal & ors.

Mr. Dilip Kumar Maiti Mr. Uttam Kumar Kamila ... for the Petitioner(s) Mr. Ziaul Islam Mr. Raja Biswas ... for the State - respondent(s) The petitioner is aggrieved by the fact that inspite of informing the Inspectorin-charge of Falta Police Station, no steps have been taken in respect of the information furnished on 24.06.2025.

Learned advocate for the petitioner submits that in the year 1999, the property was purchased by paying money.

To that effect, Agreement for Sale is available. However, immediately after the demise of her father, she came to know very recently that the vendor sold the property to a third person who is presently interfering with the peaceful

enjoyment of her property.

State has submitted a report which reflects that only steps have been taken under Section 126 of the BNSS.

Be that as it may, the report do not reflect that any investigation till date has been done with regard to the money being paid to the vendor as contended by the petitioner or in respect of the petitioner being duped by fraudulent means by the respondent no.6.

In view of the police authorities not having taken steps, I direct that the petitioner would be at liberty to file an application under Section 175(3) of the BNSS before the learned jurisdictional Magistrate. The learned Magistrate would assess as also ascertain regarding the genuinity of the allegations, thereafter, pass necessary directions as he/she deems fit and proper.

In the meantime, the police

authorities would only ensure that there is no violation of any law and order.

With the aforesaid observations, WPA 19434 of 2025 is disposed of.

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

Report so submitted be kept with the record. A copy of the report be handed over to the petitioner.

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.)