Barajesh Kumar Singh @ B.K. Singh v. The State Of West Bengal And ORS.

D/L 40 10.04.2025 Kausik ct.no.35 W.P.A. 30607 of 2024 Barajesh Kumar Singh @ BK Singh

Versus

The State of West Bengal & Ors.

Mr. Ahitagni Dey Mr. Samrat Banerjee Ms. Dipanwita Gupta ...for the petitioner.

Mr. K. J. Yusuf, AGP Mr. Pinaki Bhattacharyya ...for the state.

Petitioner is aggrieved by the police excesses and as such filed an application before the learned Magistrate under section 175(3) of the BNSS. Learned Magistrate being the learned ACJM, Rampurhat, Birbhum on an appreciation of the materials placed was pleased by an order dated 25.10.2024 to dismiss the said application being MP Case No. 270 of 2024.

Mr. Yusuf, learned Additional Government Pleader appears on behalf of the State and submits that the police authorities adhered to the provisions of law.

Without going into the merits of the police report submitted before this court, I am of the view that since the petitioner is raising the said

contention which was considered and rejected by the learned ACJM, Rampurhat, Birbhum in an application under section 175(3) of the BNSS, I am of the opinion that an alternative and efficacious remedy is available, as a revisional application is supposed to be filed against the order so passed by the learned Magistrate.

Consequently, I am of the view that the writ petition is not maintainable. Petitioner if so advised will approach the jurisdictional revisional court. Accordingly, WPA 30607 of is dismissed.

Report so submitted by the State be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)