Smt. Mousumi Hazra v. The State Of West Bengal And ORS.

D/L138 01.10.2024 Bpg.

ct.no.35 W.P.A.20385 of 2024 Smt. Mousumi Hazra

Versus

The State of West Bengal & others Mr. Gopal Mondal.

...for the petitioner.

Mr. Asish Guha Mr. Joyak Kumar Gupta.

...for the State-respondents.

Report submitted on behalf of the State be kept with the record.

Petitioner alleges that her keys have been removed from the shop room and her roof/room has been damaged at the behest of the private respondents. In spite of informing the Inspector-inCharge, Noapara Police Station, no action has been taken.

Having regard to the nature of the allegations made, I find that the police report reflects steps being taken under Sections 126/163(2) of BNSS. The only option of the petitioner is to approach the learned Magistrate under Section 175(3) of BNSS.

Accordingly, if the petitioner approaches the jurisdictional court under the relevant provisions of law, the learned court would assess regarding the contents whether any cognizable offence has been

made out and thereafter pass necessary orders after obtaining relevant report from the police authorities. With the aforesaid observations, WPA 20385 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.)