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2025 Supreme(Online)(Cal) 3624

CALCUTTA HIGH COURT
Sujoy Paul, Smita Das De, JJ
ARUP RATAN GUPTA – Appellant
Versus
THE STATE OF WEST BENGAL AND ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Biswaroop Bhattacharya, Mr. Abhijit Sarkar
For the Respondents: Mr. Kalyan Bandopadhyay, Sr. Adv., Mr. Lalit Mahato, AGP, Mr. Sirsanya Bandopadhyay, Sr. St. Counsel, Mr. Arka Kumar Nag, Mr. Debayan Sen, Mr. Prasanta Behari Mahata, Mr. Niket Ojha, Mr. Akash Dutta

1. Affidavit of service be taken on record.

2. Heard Mr. Bhattacharya learned Counsel appearing on behalf of the petitioner as well as Mr. Bandopadhyay, learned Senior Counsel appearing on behalf of the State respondents.

3. By admitting this Public Interest Litigation (in short „PIL‟) the petitioner has prayed for following reliefs :-

“a) A writ of or in the nature of Mandamus do issue directing the Respondent Nos. 1 to 3 to immediately register a First Information Report (FIR) against the private respondent nos. 5 and 5, under Section 196 of the Bharatiya Nyaya Sanhita, 2023, and any other applicable provision of law;

b) A writ of or in the nature of Mandamus do issue directing the Respondent Nos. 1 to 3 to take immediate action to prevent any communal violence or riots that may result from the speech made by the private respondent nos. 4 and 5 and take steps to maintain public peace and tranquility;

c) A writ of or in the nature of Mandamus do issue directing the private respondent Nos. 4 and 5 to give a public apology;

d) A writ of or in the nature of Mandamus do issue directing the Respondent Nos. 1 to 3 to form a Special Investigation Team to investigate into the events complained

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