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Calcutta High CourtWPA/28700/2022disposed

Samatul Sardar v. The State Of West Bengal And ORS.

2025-02-25Hon'Ble Justice Tirthankar Ghosh3 pages

25.02.2025 WPA 28700 of 2022 Sl.No.

Court No. 35 Samatul Sardar -VsThe State of West Bengal & Ors.

G.S.Das Mr. Partha Pratim Roy Mr. Anirban Das Mr. Samrat Chakraborty ... for the Petitioner(s) Mr. Abdus Salam ... for the State - respondent(s) Affidavit of Service so filed be kept with the record.

The petitioner is aggrieved by the fact that in spite of informing the police authorities on or about 24th September, 2022, no action was taken.

The specific allegation of the petitioner is that the records have been forged at the behest of the private respondents along with BL&LRO.

As none appears on behalf of the State, Mr. Abdus Salam, learned advocate,

who ordinarily appears on behalf of the State, is directed to appear on behalf of the State. The appointment of Mr. Salam may be regularized by the concerned authorities.

In view of the nature of the offence complained of and the police authorities remaining inert till date, if any case has not been registered for investigation, the petitioner, if so advised, would approach the jurisdictional Magistrate under the relevant provisions of law. The learned Magistrate will assess whether any cognizable offence has been made out, thereafter, ascertain as to whether any case for investigation has been made out, thereafter, pass necessary orders/directions upon the police authorities.

With the aforesaid observations, WPA 28700 of 2022 is disposed of.

Pending application(s), if any, is also 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.)