Amirul Hossain v. The State Of West Bengal And ORS

11.06.2025

IN THE HIGH COURT AT CALCUTTA

Sl. No.13 CIRCUIT BENCH AT JALPAIGURI akd W. P. A. 1168 of 2025 [Amirul Hossain -Vs- The State of West Bengal & Ors.] Mr. Arijit Ghosh Ms. Angana Rakshit ... ... for the petitioner Ms. Bedashruti Bose Mr. Sandip Guha Roy ... ... for the State 1.

The petitioner has preferred the present writ petition being aggrieved by the inaction on behalf of the police authorities in not acting upon his complaint dated 12.04.2025 filed by him to the Officer-in-charge, Rajganj Police Station. 2.

It is the case of the petitioner that on 07.04.2025, at around 4:30 P.M., the accused persons called upon his son, Riaz Md. @ Sintu, aged approximately 18 years, and asked him to come to the Khudibhita forest near the Sahu river. Upon reaching the said location, the petitioner's son found a mob waiting for him, armed with lathis, iron rods, bamboo sticks, and other weapons. It is alleged that, in a premeditated and orchestrated manner, the mob tied the petitioner's son with a rope and proceeded to assault him mercilessly using lathis, iron rods, belts, bamboo sticks, shoes, and by inflicting blows with fists and kicks to his head and abdomen. The petitioner further contends that although police personnel were present at the scene, they failed to take any preventive or protective action to stop the brutal assault on his son. It is submitted that the petitioner lodged a

written complaint on 12.04.2025 before the appropriate police authority; however, till date, no FIR has been registered in connection with the said incident. 3.

Learned Advocate for the State-respondents refutes the said allegations. She states that no police personnel were present at the site. She further contends that police arrived at the location and rescued the petitioner's son from being beaten up by the mob. It is further submitted that an FIR has already been lodged on 24.05.2025 and an investigation is in progress.

4.

In view of the fact that the police have acted upon the representation made by the petitioner dated 12.04.2025 and have already lodged an FIR and as the said investigation is currently in progress, this Court is of the view that nothing survives for adjudication in the present writ petition. 5.

With the aforesaid observations, the present writ petition is disposed of.

6.

There shall be no order as to costs.

7.

Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall not be deemed to have been admitted.

8.

Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Gaurang Kanth, J.)