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2026 DAILYLAW 39126 (CAL)

SHOBHA DAS v. STATE OF WEST BENGAL AND ORS.

WPA/22527/2026 · 2026-09-09

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27. 27. 09.09.2026 (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. 22527 OF 2026 SHOBHA DAS VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Shankha Shubhra Mukherjee, Adv. Ms. Barnali Saha, Adv. …For Petitioner Mr. Abhijit Kumar Ray, AGP Mr. Deb Kumar Chandra, Adv. …For State Mr. Partha Sarathi Bhattacharyya, Sr. Adv. Mr. Kuntal Banerjee, Adv. …For Respondent Nos.5 to 7 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. A case is made out in the writ petition based on complaint dated 21st July, 2026 filed by son of the petitioner before the concerned police authority wherein it was alleged by petitioner’s son that respondent no.7 threatened him and used abusive language over an incident of car parking. Prayer is made in this writ petition thereby seeking direction upon the concerned police authority to take steps so that petitioner’s son may not be harassed and threatened in future. 3. Mr. Partha Sarathi Bhattacharyya, learned Senior Advocate representing respondent nos. 5 to 7 submits that over an incident of car parking on 20th July, 2026 respondent no.7 was severely beaten up by petitioner’s son and respondent no.7 had to be taken to hospital for treatment. Injury report is placed before this Court on behalf of private respondents and same is taken on record. [2] 4. Alleging physical assault a complaint was lodged against petitioner’s son by respondent no.7 leading to initiation of criminal prosecution being Bansdroni P.S. Case no.191 dated 21st July, 2026 under Section 118(1) of BNS, 2023. 5. Learned advocate representing State respondents has filed a communication dated 28th August, 2026 of Officer-in-Charge, Bansdroni Police Station and same is taken on record. Copies of the said communication dated 28th August, 2026 are made over to the learned advocates representing petitioner and private respondents. 6. It is disclosed in the said communication dated 28th August, 2026 that based on the complaint lodged by respondent no.7 FIR was drawn up being Bansdroni P.S. Case no.191 dated 21st July, 2026 and investigation is going on. It is also disclosed that in connection with the aforesaid criminal prosecution petitioner’s son surrendered before the learned Additional Chief Judicial Magistrate, Alipore and subsequently, he was enlarged on bail. 7. It also reveals from the said communication that complaint of petitioner’s son was taken into consideration and one GD Entry was made on 21st July, 2026 since according to the concerned police authority no cognizable offence was reported. 8. This Court is at a loss as to why writ petition is preferred by mother of the complainant. Facts narrated on behalf of parties reveal that petitioner’s son lodged complaint on 21st July, 2026 alleging an incident which occurred on 20th July, 2026 whereas mother has filed the present writ petition. [3] 9. However, communication dated 28th August, 2026 discloses steps taken by the concerned police authority. Therefore, anxiety which has been expressed by petitioner by filing this writ petition is not substantiated. 10. Hence, no further order need be passed on this writ petition. 11. Writ petition stands dismissed. 12. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)