Shila Adhikari v. State Of West Bengal And ORS.

MAT 2103 of 2024 Shila Adhikari Vs.

State of West Bengal & Ors.

with CAN 1 of 2024 Mr. Rupayan Deb Ms. Priya Nandy ... for the appellant Mr. Rajarshi Basu Mr. Shehnaz Tareq Mina ... for the State Court No. 1 (266111) 27.11.2024 (AD 25) (S. Banerjee/AN)

1. This intra-court appeal is directed against the order dated 07.11.2024 in WPA 25920 of 2024. The Single Bench has dismissed the writ petition noting the fact that already a case has been registered against the alleged assailants and the matter is now pending before the concerned court namely, learned Chief Judicial Magistrate, Barasat, North Parganas.

2. Before us the learned counsel appearing for the State has produced a copy of the report submitted by the Inspector-in-Charge, Baguiati Police Station dated 25.11.2024 from which it is seen that the matter is civil in nature.

Apart from that the Executive Magistrate, Barasat has already registered a

case in MP Case No. 2394 of 2024 under Section 163(2) of BNSS and the enquiry is proceeding.

3. Therefore, it will be well open to the petitioner to participate in the enquiry and the Executive Magistrate, Barasat will consider as to what is to be done in the matter. In any event, we also observe that the matter appears to be civil in nature.

4. With the above observation the appeal stands disposed of.

5. Connected application is also disposed of accordingly.

(T. S. Sivagnanam) Chief Justice (Hiranmay Bhattacharyya, J.)