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Calcutta High Court · body

2026 DAILYLAW 27990 (CAL)

SUJON MONDAL AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/14882/2026 · 2026-07-14

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08. 08. 14.07.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 14882 OF 2026 SUJON MONDAL AND ANOTHER VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Sobham Majumder, Adv. …For the Petitioners Mr. Suryaneel Das, AGP Ms. Suchitra Sinha Chatterjee, Adv. Ms. Sumita Sarkar, Adv. …For the State 1. Affidavit-of-service filed on behalf of the petitioners is taken on record. 2. Learned advocate representing the petitioners submits that petitioners are victims of post-poll violence as a result whereof petitioners pray for direction upon the concerned police authority which would facilitate the petitioners to lead normal life by residing at their respective premises. 3. Mr. Suryaneel Das, learned Additional Government Pleader representing the State respondents has filed a communication dated 7th July, 2026 of Officer-in- Charge, Jibantala Police Station, Baruipur Police District and same is taken on record. 4. It is disclosed in the said communication dated 7th July, 2026 that based on the complaint lodged by the petitioners, which is at page 17 of this writ petition, criminal prosecution was initiated being Jibantala P.S. Case No.651 of 2026 dated 6th July, 2026 under certain provisions of BNS. 5. However, in the same breath it is also disclosed in the said communication that there are four criminal [2] prosecutions pending against the petitioner no.2. It also appears that excluding criminal prosecution being Jibantala P.S. Case No.494 of 2026 dated 11th June, 2026 in three other criminal prosecutions as disclosed in the said communication charge-sheets were filed against the petitioner no.2; in Jibantala P.S. Case No.494 of 2026 dated 11th June, 2026 investigation is going on. 6. On posing query to the learned advocate representing the petitioners, it is found that pendency of those four criminal prosecutions as disclosed in the said communication dated 7th July, 2026 against the petitioner no.2 is not disclosed in this writ petition and prayer is made to provide protection to the petitioners since they are victims of post-poll violence. 7. Non-disclosure of four criminal prosecutions pending against petitioner no.2 goes to show that there is suppression of material facts on the part of the petitioners and petitioners have not approached this Court with clean hands. 8. However, based on the complaint lodged by the petitioners as it is found that FIR was drawn up being Jibantala P.S. Case No.651 of 2026 dated 6th July, 2026, concerned police authorities are directed to take steps to take the criminal prosecution to its logical conclusion. 9. Writ petition stands disposed of. 10. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)