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Calcutta High CourtWPA/23904/2025disposed

Jabarul Islam Chowdhury v. State Of West Bengal And ORS.

2025-12-02Hon'Ble Justice Suvra Ghosh2 pages

02.12.2025 rc/ct.no.05 Item No.19 WPA No. 23904 of 2025 Jabarul Islam Chowdhury

Versus

The State of West Bengal & Ors.

Mr. Pawan Kumar Gupta Syed Julfikar Ali Ms. Pramita Banerjee Mr. Abhijit Bose ..for the Petitioner Mr. Pantu Deb Roy Mr. Debabrata Mondal ....for the State Mr. Rajdeep Mazumder Mr. Moyukh Mukherjee ....for the UOI Heard learned counsels for the parties.

The petitioner seeks a direction upon the police authority to register his complaint as FIR and cause investigation of the matter. He also seeks a direction upon the police authority to stop the alleged illegal construction made by the private respondents in violation of the ad interim order passed by the learned Civil Court and to initiate disciplinary proceedings against the Inspector in Charge, Beldanga Police Station, Murshidabad for not implementing the order of injunction passed by the learned civil court.

In the event the petitioner is aggrieved by nonregistration of FIR by the police authority, he is at liberty to approach the appropriate forum under Section 175 of the BNSS. Alleged violation of the ad interim order of

injunction shall be dealt with by the learned trial Court upon the petitioner drawing the attention of the court to the same. Since there is no direction upon the police authority for implementation of the said order, question of non compliance of the order by the police authority does not arise.

Nothing further remains to be dealt with in the writ petition. The same is accordingly disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh,J)