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Calcutta High CourtWPA/20255/2025disposed

Sk. Indadul Islam v. State Of West Bengal And ORS.

2025-09-09Hon'Ble Justice Tirthankar Ghosh2 pages

09.09.2025 Court No.35.

D.L.37 (pp) WPA 20255 of 2025 Sk. Indadul Islam -Vs.- State of West Bengal & Ors.

Mr. Chirantan Sarkar ...for the petitioner.

Mr. Suman Ghosh, Mr. Suman Dey ....for the State.

Mr. Gazi Faruque Hossain, Mr. R. H. Khan ....for the respondent no.4.

1.

Learned advocate appearing for the petitioner submits that the petitioner is aggrieved by the inaction of Tarakeswar Police Station. It has been brought to the notice of this Court that information was furnished to the said police station as the respondent no.4 with an evil design intended to grab the property of the petitioner and obstructed peaceful enjoyment of the petitioner lastly on 14.08.2025. The petitioner was assaulted and his wife was touched in an inappropriate manner.

2.

Report reflects that the respondent no.4, being Ramakrishna Chakraborty is bedridden and aged about 80 years and cannot walk properly. There is a long standing land dispute pending between the petitioner and the

respondent no.4. Police authorities have drawn up proceedings under Section 126/135(3) of BNSS. 3.

Since the basic accusation is for grabbing property of the petitioner, I direct that in case there is any violation of law and order, the Police Authorities would ensure that the inconvenience faced by the petitioner are addressed. 4.

So far as the issue regarding physical assault and inappropriate touching of the wife of the petitioner is concerned, I direct that the petitioner would approach before the jurisdictional Magistrate under the relevant provision of law.

5.

Learned Magistrate would assess regarding the genuinity of the allegation and thereafter pass the necessary direction as he deems fit and proper. 6.

With the aforesaid observations, WPA 20255 of 2025 is disposed of.

7.

Report so submitted be kept with the record.

8.

Copy of the report be handed over to both the parties. 9.

Urgent Photostat certified copy of this order may be supplied to the parties upon all formalities, if applied for. (Tirthankar Ghosh, J.)