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Calcutta High Court · body

2026 DAILYLAW 45968 (CAL)

ADALAT KHAN v. THE STATE OF WEST BENGAL AND ORS.

WPA/18159/2024 · 2026-09-29

Anuj Singh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. 758 29.9.2026 (Item No. 12) (AB) W.P.A. 18159 of 2024 Adalat Khan VS The State of West Bengal & Ors. Mr. Bikramjit Dutta Ms. Kausiki Bose …. For the petitioner Ms. Suchitra Sinha Chatterjee …. For the State 1. The petitioner has approached this Court on grievance that on May 19, 2024 when the petitioner was attending a political programme he was allegedly attacked and assaulted by persons associated with the then ruling party and a sum of Rs.7,300/- was snatched from him. 2. The petitioner was taken to the Dwariknagar Rural Hospital for treatment and was discharged on 20th May, 2024. The petitioner went to Frezarganj Coastal Police Station to lodge a written complaint. A written complaint dated 20th May, 2024 was lodged. However, to the utter surprise and dismay of the petitioner, his complaint was treated as part of an existing case being, Frezarganj Coastal Police Station Case no. 49 of 2024 dated 20th May, 2024 registered under Sections 341, 323, 379, 427 and 34 of the IPC, which was started on the basis of an another complaint dated 20th May, 2024, lodged by one Sk. Nausar. 2 3. The grievance of the petitioner is that, his independent complaint names the persons who assaulted the petitioner and has a specific case regarding snatching of Rs.7,300/-. The petitioner complains that his complaint could not have been merged with any other existing complaint. 4. This Court finds substance in such assertions. Without commenting on the merits of the petitioner, this Court is of the view that the petitioner’s complaint ought to have been taken up independently and investigated, instead of merging it with some other complaint lodged by some other individual. 5. In the aforesaid circumstances, W.P.A. 18159 of 2024 stands disposed of by giving liberty to the petitioner to approach the jurisdictional Magistrate with the appropriate application under Section 175 of the BNSS. 6. If such application is made, appropriate orders, after the enquiry under Section 175(3), shall be passed. In the event a case is directed to be registered, the same shall be independently pursued and would not be merged with the existing investigation of the some other case. The State’s report dated 30th July, 2026 is taken on record. 3 7. It is needless to mention that, this Court has not gone into the merits of the allegations of the petitioner. 8. Accordingly, the writ petition being W.P.A. 18159 of 2024 stands disposed of, without any order as to costs. 9. Photostat certified copy of this order, if applied for, be furnished expeditiously. (Anuj Singh, J.)