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Calcutta High CourtWPA/30985/2024disposed

Hossainara Khatun Biswas v. State Of West Bengal And ORS.

2025-01-14Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 63 14.01.2025 Kausik ct.no.35 W.P.A. 30985 of 2024 Hossainara Khatun Biswas

Versus

State of West Bengal & Ors.

Mr. Vishal Mallick ...for the petitioner.

Mr. Asish Kumar Guha Mr. Rajendra Chaturvedi ...for the state.

Petitioner complains that the private respondent is attempting to encroach his property. To that effect, information was furnished with the Inspector-in-Charge, Karimpur Police Station who even after receipt of such information did not address the issues.

Petitioner also preferred an application under section 163 of BNSS before the jurisdictional executive magistrate. However the same also did not yield any result.

Learned advocate appearing for the state has submitted a report. Report reflects that the police authorities have enquired into the incident and is of the opinion that the difference and dispute between the petitioner and the private respondent is purely civil in nature and no element of cognizable offence is

involved to allow the police authorities to register any case.

Be that as it may, if the petitioner is aggrieved petitioner would approach the jurisdictional criminal/civil court for appropriate remedies. In the meantime, police authorities would keep a strict vigil and ensure that no breach of the peace takes place because of the inimical relationship existing between the petitioner and the private respondent.

With the aforesaid observations WPA 30985 of 2024 is disposed of.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)