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Calcutta High CourtWPA/24436/2024disposed

Arko Roy v. State Of West Bengal And ORS.

2024-11-14Hon'Ble Justice Tirthankar Ghosh3 pages

Sl.No.

14.11.2024 WPA 24436 of 2024 Court No. 35 G.S.Das Arko Roy -VsThe State of West Bengal & Ors.

Mr. Rajendra Banerjee Mr. Joy Chakraborty ... for the Petitioner Ms. Sharmila Deb ... for the State respondents A report has been submitted by the officer-in-charge of Thakurpur P.S.

The report reflects that the police authorities have drawn up proceedings under Section 126 of the BNSS.

The petitioner is aggrieved by the steps taken by the police authorities, as, according to the petitioner, the private respondents have committed offences which are cognizable in nature.

In view of the contentions so advanced by learned advocate

appearing for the petitioner and the police authorities not acting on the information submitted to them, which according to the petitioner amounts to commission of cognizable offences, I direct the petitioner to approach the jurisdictional Magistrate under Section 175(3) of the BNSS. The learned Magistrate will assess accusation and, thereafter pass necessary orders directing the police authorities in the mode and manner he/she deems fit and proper.

As the accusations which have been made reflect that the petitioner is being threatened of dire consequences, the police authorities would keep a strict vigil and ensure that no breach of the peace and tranquility takes place.

If a bond has been furnished and there has been violation of the good behavior bond, in that case, the police

authorities will pray for cancellation of the bond before concerned Executive Magistrate.

With the aforesaid observations, WPA 24436 of 2024 is disposed of.

Report so submitted be kept with the record.

Let a copy of the report be handed over to the learned advocate for the petitioner.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)