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
2
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.)
sp3
[ad_1]
Source link