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Calcutta High CourtWPA/26752/2024disposed

Kakali Baisya Nee Gupta v. State Of West Bengal And ORS.

2024-11-18Hon'Ble Justice Tirthankar Ghosh3 pages

Sl.No.

18.11.2024 WPA 26752 of 2024 Court No. 35 G.S.Das Kakali Baisya nee Gupta -VsThe State of West Bengal & Ors.

Mr. Dhananjay Banerjee ... for the Petitioner Mr. Sulekha Mitra Mr. Manas Kumar Das Mr. Aritra Kumar Thokdar ... for the respondent nos. 6 & 7 Mr. Amitesh Banerjee, ld. Sr. St. Counsel Ms. Ipsita Banerjee ... for the State of West Bengal Learned advocate for the petitioner submits that although the petitioner made a complaint regarding the act and actions of the police authorities to the Superintendent of Police, Purba Bardhaman, but, the Superintendent of Police, till date, did not take any action against the delinquent police officer.

Learned Senior Counsel appearing on behalf of the State opposes such

contentions and submits that the petitioner has distorted the facts and created a fake cause of action to invoke the jurisdiction of this court.

Similar contentions have been advanced by the learned advocate appearing for the private respondent nos.

6 and 7.

Having considered the purpose for which the petitioner has preferred the instant writ petition, I grant liberty to the petitioner to approach the jurisdictional court under Section 175(4) of the BNSS.

The learned jurisdictional court would consider the sub-sections/proviso clause(s) and exercise its discretion in accordance with the law.

With the aforesaid observations, WPA 26752 of 2024 is disposed of.

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.)