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Calcutta High Court · body

2025 DAILYLAW 24736 (CAL)

ASRAFAN BIBI v. STATE OF WEST BENGAL AND ORS.

WPA/11214/2025 · 2025-07-22

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sl.No. 10 DL Court No. 35 G.S.Das 22.07.2025 WPA 11214 of 2025 Asrafan Bibi -Vs- The State of West Bengal & Ors. Mr. Kartick Kr. Bhattacharya Mr. Subhas Ch. Datta Ms. S. Dutta Ms. Papiya Naskar … for the Petitioner(s) Mr. Ashim Kr. Ganguly, ld. AGP Mr. Belal Shaikh … for the State – Respondent(s) Ms. Manali Biswas Mr. Pritam Banerjee Mr. M. Saha … for the respondent nos.6, 8 and 9 Re The petitioner is aggrieved by the fact that inspite of the representation dated 27.03.2025 being addressed to the Inspector-in-charge of Nowda Police Station, no steps have been taken inspite of incidents of violence being reported to the police authorities. Learned advocate for the State has submitted a report which reflects that since no cognizable offence surfaced out, the police authorities restricted themselves by drawing up a proceeding under Section 126 of the BNSS. Learned advocate for the private respondents 6, 8 and 9, on the other hand, submits that a civil suit being TS 102 of 2022 is pending. Having considered that the police authorities have taken steps but could not unearth the truth as to whether any cognizable offence has been made out, I grant liberty to the petitioner to approach the jurisdictional Magistrate under the relevant provisions of law. The learned Magistrate would assess regarding the veracity of the information furnished as to whether any cognizable offence is made out, thereafter, pass necessary directions under the relevant provisions of law. With the aforesaid observations, WPA 11214 of 2025 is disposed of. Pending application(s), if any, is also disposed of. Report so submitted be kept with the record. Copies of the report be handed over to both the parties. 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.)