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2025 DAILYLAW 32262 (CAL)

DIPANKAR MAITI AND ORS. v. THE STATE OF WEST BENGAL AND ORS.

WPA/16084/2025 · 2025-07-29

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L 89 29.07.2025 Bpg. ct.no.35 W.P.A.16084 of 2025 Dipankar Maity & Ors. Versus The State of West Bengal & Ors. Ms. Pampa Dey (Dhabal). …for the petitioners. Mr. Suman Ghosh Mr. Hare Krishna Haldar. …for the State-respondents. Affidavit-of-service filed by the petitioners be kept with the record. Petitioners are aggrieved by the excesses inflicted at the behest of the Officer-in-Charge, Maipith Coastal Police Station. According to the petitioners, they are being heckled by the police authorities and are being taken to the police station for extraneous consideration and thereafter have been subjected to physical assault. On the other hand, learned advocate appearing for the State has submitted a report. Report reflects that for public nuisances the petitioners were taken into custody by invoking the provisions of Section 39 of the BNSS along with Section 292 of the BNS which was reduced to Maipith Coastal PS PR No.68 of 2025 dated 27.06.2025. The 2 said report of Maipith Coastal PS PR was sent to the learned court having jurisdiction. Since the petitioners were released after furnishing bond and a court obviously is in seisin of a case under Section 292 of the BNS, the petitioners would, if so aggrieved by the excesses inflicted by the police authorities, take out an appropriate application as has been informed to the Superintendent of Police of the concerned district. Learned Magistrate will assess and ascertain regarding the correctness of the accusations and thereafter pass necessary directions, if required, learned Magistrate will invoke his powers under Section 175(4) of the BNSS. With the aforesaid observations, WPA 16084 of 2025 is disposed of. There will be no order as to costs. Report submitted by the State 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. 3 (Tirthankar Ghosh, J.)