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Calcutta High CourtWPA/28319/2024disposed

Shefali Mondal v. State Of West Bengal And ORS.

2024-12-03Hon'Ble Justice Tirthankar Ghosh3 pages

Sl.No.

03.12.2024 WPA 28319 of 2024 Court No. 35 G.S.Das Shefali Mondal -VsThe State of West Bengal & Ors.

Mr. Saibal Acharya Mr. Sankar Halder Mr. Sarthak Barman ... for the petitioner(s) Mr. Lokenath Chatterjee Mr. Sukanta Ghosh Mr. Arghya Chatterjee ... for the respondent nos. 5 Mr. Pantu Deb Roy, ld. AGP Mr. Pannalal Bandopadhyay ... for the State-respondent(s) The petitioner is aggrieved by the fact that in spite of complaining with the Officer-in-charge of Berhampore Police Station, Murshidabad, no steps have been taken, although, cognizable offence has been made out.

The petitioner has suffered financial loss and in spite of the representation(s) being made, no steps

have been taken by the police authorities.

Mr. Deb Roy, learned advocate for the State, has submitted a report prepared by the Inspector-in-charge of Berhampore P.S., wherein, it has been reflected that only Xerox copy of the complaint was forwarded to the police authorities and the same was never signed by the complainant, as such, no steps could be taken.

Learned advocate for the respondent no.5 submits that unnecessarily he has been dragged in the case, although, he has no relation.

Be that as it may, the petitioner would approach the jurisdictional Magistrate by way of invoking the provisions of section 175(3) of the BNSS. If the learned Magistrate on appreciation of the fact is of the opinion that an investigation is required, specific directions should be

passed by the learned Magistrate.

With the aforesaid observations, WPA 28319 of 2024 is disposed of.

Report so submitted be kept with the record.

Affidavit-of-service so filed be kept with the record.

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.)