Mahidul Islam Mallick vs The State Of West Bengal And Ors on 10 April, 2025

Calcutta High Court

Mahidul Islam Mallick vs The State Of West Bengal And Ors on 10 April, 2025

Author: Tirthankar Ghosh

Bench: Tirthankar Ghosh

OD-7
                                ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
                  CONSTITUTIONAL WRIT JURISDICTION
                            ORIGINAL SIDE

                                WPO/246/2025

                        MAHIDUL ISLAM MALLICK
                                 -VS-
                  THE STATE OF WEST BENGAL AND ORS


BEFORE:
The Hon'ble JUSTICE TIRTHANKAR GHOSH
Date: April 10, 2025.
                                                                         Appearance:
                                                        Mr. Krishna Das Poddar, Adv.
                                                               Mr. Surajit Maity, Adv.
                                                             Ms. Rubina Akhtar, Adv.
                                                          Ms. Mandira Barman, Adv.
                                                                   ...for the petitioner

                                                          Mr. Anand Farmania, Adv.
                                                        Ms. Indumouli Banerjee, Adv.
                                                                    ... for the State.

                                                                   Mr. S. Afrin, Adv.
                                                               Mr. Rafat Jahan, Adv.
                                                           Ms. Zeenat Parveen, Adv.
                                                         ...for the private respondent

The Court : Petitioner is aggrieved by the fact that his

communications to the Officer in Charge, Taltala Police Station were not

acted upon. Record reflects that such information was furnished with the

police station on 29th August, 2023.

Petitioner submits that in spite of different cases being registered at

the behest of the police authorities but till date so far as the accusation

made in the information furnished on 29th August, 2023, no case has been

registered.

Learned Advocate for the State has submitted that the genesis of the

facts relating to the dispute arose from differences amongst the family
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members for which a series of criminal cases have been registered either

against the petitioner or against the private respondents.

Since Taltala Police Station is well aware regarding the nature of the

dispute and difference between the petitioner and the private respondents,

at this belated stage after one year and seven months, I do not feel it

necessary to interfere with the nature of the dispute complained of.

However, petitioner would be at liberty to canvass the issue before the

learned jurisdictional Magistrate by way of invoking the provision of Section

175(3) BNSS or Section 156 (3) Cr.P.C. In case such an application is filed,

learned Magistrate would assess whether any cognizable offence is made

out, ascertain whether a case for investigation has been made out and also

call for a report relating to the nature of the previous cases pending between

the parties and thereafter, exercise his discretion in accordance with the

provisions of law.

Learned Advocate for the private respondents submits that since no

affidavits have been called for, the accusation and/or allegation made in the

writ petition are deemed not to have been admitted.

In view of the observation made above, no further directions are

warranted.

Accordingly, WPO/246/2025 is disposed of.

The report submitted on behalf of the State be kept with the record.

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.)

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