Uday Kumar Saha v. State Of West Bengal And ORS.

December 22, 2025

(18) ARDR WPA 27881 of 2025 Uday Kumar Saha Vs.

The State of West Bengal & ors.

Adv. Shamik Bagchi, Adv. Anandamoy Roy, Adv. Farhad Malik, ... for the petitioner.

Adv. Arun Shaw, ...for the respondent nos. 5 & 6.

Adv. Shekhar Mustafi, Adv. Sabyasachi Mukherjee, ...for the State.

Affidavit of service filed by the petitioner and the report submitted by the State are taken on record. Learned counsel for the petitioner submits that earlier the petitioner lodged a complaint against the private respondents whereby they were arrested and subsequently granted bail. The private respondents have again started intimidating and torturing the petitioner and have assaulted him severely for which a fresh complaint has been lodged by the petitioner before the police authority which has not been considered.

Learned counsel for the private respondents denies and disputes the allegations made by the petitioner. It appears from the report submitted by the State that the petitioner was unable to produce any medical document in support of the alleged incident. No CCTV footage of the place of occurrence was also found. Be that as it may, since the petitioner has lodged a complaint before the police authority which has not been considered as yet, he is at liberty to approach the

jurisdictional Magistrate under Section 175 of the BNSS for redressal of his grievance.

In the meantime, in view of the strained relationship between the parties, the police authority shall keep strict vigil over the area in order to avoid any untoward incident and to ensure maintenance of law and order.

With the direction, the writ petition is accordingly disposed of.

There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the 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.)