Md. Asif Molla v. State Of West Bengal And ORS.

D/L 24 04.11.2024 Kausik ct.no.35 W.P.A. 23188 of 2024 Md. Asif Molla

Versus

State of West Bengal and Ors.

Mr. Keshab Chandra Das Ms. Aparajita Mondal ...for the petitioner.

Mr. Susovan Sengupta Mr. Tarak Karan ...for the State.

Affidavit of service so filed be kept with record.

Petitioner is aggrieved that his representation with the Officer-in-Charge, Jamalpur Police Station, Purba Bardhaman has not been considered.

I find that the subject matter in the writ petition relates to the petitioner being illegally obstructed to carry on cultivation.

Learned advocate for the respondent submits that there is a dispute and the civil court is already in seisin of the matter. However there is an allegation in the representation made to the Officerin-Charge, Jamalpur Police Station, that the petitioner and his associates were mercilessly assaulted and they had to undergo treatment.

In view of the accusations made in the representation which was made to the Officer-inCharge, Jamalpur Police Station, the petitioner would be at liberty to invoke the jurisdiction of the learned Magistrate under Section 175(3) of the BNSS or under Section 223 of the BNSS. The learned Magistrate would assess whether any incident as alleged has taken place after conducting an enquiry as is envisaged under the provisions of law and thereafter proceed or refuse to proceed according to the provisions of law.

With the aforesaid observations WPA 23188 of 2024 is disposed of.

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

(Tirthankar Ghosh, J.)