SOMA GHOSH DUTTA AND ANR. v. THE STATE OF WEST BENGAL AND ORS.
WPA/12521/2025 · 2025-07-10
Tirthankar Ghosh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25773 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25773 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
D/L 65 10.07.2025 Bpg. ct.no.35
W.P.A.12521 of 2025
Smt. Soma Ghosh Dutta & Anr. Versus The State of West Bengal & Ors.
Ms. Debarati Roy Chowdhury. …for the petitioners.
Mr. Sirsanya Bandopadhyay Mr. Akash Dutta. …for the State-respondents.
Affidavit-of-service filed by the petitioners be kept with the record. Petitioners are aggrieved by the fact that the representation dated 1st April, 2025 was not taken into account by the Officer-in-Charge, Chandannagar Police Station. Learned advocate has drawn the attention of the Court to the inconveniences, threats, abuse, physical assault including hurling abuses which have been made by the private respondent. Additionally, it has been informed to the police authorities that the modesty of the petitioner no.1 was outraged at the behest of the private respondent. In spite of receipt of such information and repeated incidents taking place, no steps were taken by the concerned Officer-in-Charge and when the same was
2 brought to the notice of the superior authorities, the same also did not yield any result. Learned advocate for the State submits that the dispute and difference arose because of an illegal construction wherein the claim of the petitioners were with regard to resisting the encroachment of their property. According to the State, the issue which is the genesis of dispute would relate to the municipalities and until and unless proper directions are passed by the municipal authorities, no steps can be taken by the police authorities directly. Be that as it may, since there are direct accusations by an individual lady and the police authorities till date did not take any action, I direct that if the petitioners, if so advised, approach the jurisdictional Magistrate under the relevant provisions of Section 175(3) of the BNSS, learned Magistrate would assess and ascertain regarding the genuinity of the accusations and thereafter pass necessary directions as he deems fit and proper. With the aforesaid observations, WPA 12521 of 2025 is disposed of. There will be no order as to costs. All parties shall act on the server copy of this
order duly downloaded from the official website of this Court.
3 Urgent photostat certified copies of this
order, if applied for, be given to the parties upon compliance of all requisite formalities.
(Tirthankar Ghosh, J.)