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2026 DAILYLAW 30683 (CAL)

KRISHNA SAHA v. STATE OF WEST BENGAL AND ORS.

WPA/16668/2026 · 2026-07-28

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.07.2026 Sl. No. 14 Ct No. 5 SG WPA 16668 of 2026 Krishna Saha Vs The State of West Bengal & Ors. Mr. Gautam Kumar Hazra. …for the petitioner Mr. Rajdeep Mazumder, ld. AAG. Ms. Reshmi Ghosh, Mr. Srijit Halder. …for the State Mr. Md. Bari Israil, Mr. Adwitiyo Raha, Mr. Sudip Somaddar. …for respondent nos. 6 to 38 Mr. Achintya Kr. Banerjee, Ms. Indumouli Banerjee, Mr. Adhip Narayan Banerjee. …for respondent no. 39 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Learned advocate representing the petitioner submits that complaint was lodged before the concerned police authorities on 3rd July, 2026 which is at pages 41 and 42 of the writ petition alleging threats at the instance of private respondents as a result whereof petitioner is unable to stay at her residence. Petitioner is dissatisfied with the steps taken by the concerned police authorities based on complaint lodged alleging incident of threat. 3. Private respondents and State respondents are represented by learned advocates who have jointly opposed this writ petition. On behalf of the State 2 respondents a communication dated 27th July, 2026 of Inspector-in-Charge, Habra Police Station is filed and the same is taken on record. Copies of the said communication dated 27th July, 2026 shall be made over to the learned advocates representing the petitioner and private respondents. 4. It is disclosed in the communication dated 27th July, 2026 that on inquiry it was found on 24th June, 2026 local persons assembled at the residence of the petitioner for holding peaceful discussion relating to temple land which situates near the place of the petitioner. One non-cognizable report being no. 641/26 dated 24th July, 2026 is submitted on behalf of police authorities but no formal FIR is drawn up. 5. If petitioner is dissatisfied with the steps taken by the concerned police authorities by not drawing up FIR, in that event petitioner needs to approach jurisdictional magistrate under Section 175(3) BNSS, 2023. In this regard reliance is placed on the judgment of the Hon’ble Supreme Court reported in (2007) 6 SCC 171, Aleque Padamsee & Ors. vs. Union Of India & Ors. On consideration of the contents of the communication dated 27th July, 2026 no further order need be passed in this writ petition. 6. Hence, the present writ petition is disposed of. 7. However, this order shall not preclude the petitioner to take steps in accordance with law. 3 8. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)