Swapan Das v. State Of West Bengal And ORS.

Dd 12 27.10.2025 MAT/1621/2025 SWAPAN DAS VS THE STATE OF WEST BENGAL AND ORS.

IA NO: CAN/1/2025, CAN/2/2025 Mr. Avijit Ganguly, Advocate ... ... For the Appellant Mr. Suman Sengupta, Sr. Govt. Adv.

Mr. Sanatan Panja, Advocates .. ....For the State

1. Appeal is directed against an order dated August 14, 2025 passed in WPA 17509 of 2025.

2. By the impugned order, learned Single Judge, disposed of the writ petition by permitting the appellant before us to approach the jurisdictional Magistrate for necessary reliefs.

3. Allegation of the appellant before the writ Court and before us is that, on May 10, 2025, the appellant was illegally detained by the police.

4. We requested the learned advocate for the appellant to draw our attention to the averments made in the writ petition to such extent.

5. In response thereto, learned advocate appearing for the appellant draws the attention of the Court to paragraph 8 of the writ petition.

6. We perused paragraph 8 of the writ petition where, the appellant claims that he along with his wife and children were detained by the police for a day. We also noticed that paragraph 8 of the writ petition was verified not as true to the knowledge of the appellant but as matter of records.

7. The appellant failed to establish that he was detailed by the police.

8. Learned Single considered the allegations of the appellant as also the report submitted by the police in that regard. Learned Single Judge was pleased to consider the materials placed on record including the reports and the averments in the writ petition. Learned Single Judge was pleased to allow the appellant to avail of his remedies before the appropriate forum.

9. In such circumstances, we are not minded to interfere with the order impugned.

10. MAT/1621/2025 along with the connected applications are disposed of without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)