D/L 15

31.07.2025 Bpg.

ct.no.35 W.P.A.15266 of 2025 Jalil Laskar & Ors.

Versus The State of West Bengal & Ors.

Mr. Sukdeb Sarkar. …for the petitioners. Mr. Suman Sengupta Ms. Amrita Panja Moulick.

…for the State-respondents.

Affidavit-of-service filed by the petitioners be kept with the record.

Petitioners are aggrieved by the fact that in spite of the petitioners informing the police authorities, no steps are being taken. Petitioners complain that the main intention of the private respondents are to grab the property of the petitioners and with that end in view they are repeatedly attacking the petitioners. It has been further alleged that the cowshed along with the residence are being ransacked by the private respondents, as such, the petitioners are insecured and there has been no assistance from the police authorities.

State has submitted a report. Report reflects that on the basis of complaint of one Amanulla Sk., Kultali P.S. Case No.122 of 2025 dated 15.02.2025 was registered for investigation and on conclusion of the investigation charge-sheet has been submitted. Subsequently, Kultali P.S. Case No.123 of 2023 dated 15.02.2023 was registered for investigation on the complaint of the petitioners and on conclusion of investigation charge-sheet has been submitted. The police authorities received complaint on 25.02.2025 and 01.03.2025 and conducted enquiry in respect of the accusations.

Having regard to the continuous strained relationship, allegations of scuffle, assault, injuries sustained and two criminal cases already registered in the month of February, 2025, police authorities have drawn up proceedings under Sections 126/135 of the BNSS. Police authorities would continue their surveillance and ensure that no untoward incident takes place.

Since the police authorities have till date taken no steps pursuant to the last complaint of the petitioners, I direct that petitioners would approach the jurisdictional Magistrate under Section 175(3) of the BNSS. Learned Magistrate would assess and ascertain regarding the genuinity of the accusations and pass necessary directions as he deems fit and proper.

With the aforesaid observations, WPA 15266 of 2025 is disposed of.

There will be no order as to costs.

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.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)