WPA/1575/2026 of SUPRIYA TIRKEY Vs THE STATE OF WEST BENGAL AND ORS on 19 August 2026

1. The grievance of the petitioner is that, the petitioner belongs to Scheduled Tribe community and has lodged a complaint before the Banarhat Police Station, Jalpaiguri on July 1, 2026, at page 58 to the writ petition but no steps has been taken.

A. Roy,J.

2. Learned State advocate has filed an affidavit disclosing all the material documents. The said affidavit is taken on record. Copy has been served upon the petitioner.

3. The affidavit and the documents appended thereto shows that, in or around 2020-2021 the petitioner had lodged more or less identical complaints against the private respondent no. 4, when the private respondent no. 4 was arrested and subsequently on the basis of an affidavit filed by the writ petitioner that, she had withdrawn all allegations, the private respondent was enlarged on bail.

4. Mr. Kumar Shantanu, learned advocate appearing for the petitioner submits that, the relevant criminal complaint was quashed at the relevant point of time.

5. Mr. Anirban Banerjee, learned advocate appearing for the private respondent submits that, the criminal case is still pending against the private respondent no. 4 herein and it has not been quashed.

6. In view of the above, since the petitioner belongs to Scheduled Tribe community, the Inspector-in-charge, Banarhgat Police Station, Jalpaiguri shall take steps forthwith on the said complaint of the petitioner dated July 1, 2026 for conducting the necessary investigation through the appropriate and jurisdictional authority in accordance with law. The complaint shall be placed before the jurisdictional authority positively within four weeks from the date of communication of this order.

A. Roy,J.

7. While conducting the necessary investigation the jurisdictional authority shall also look into the previous papers and records relating to the previous criminal case and complaint initiated by the petitioner against the private respondent herein. Private respondent shall also be at liberty to produce whatever records and documents he wishes to produce before the Inspector-in-charge, Banarhat Police Station, Jalpaiguri as also before the jurisdictional authority who shall proceed with the investigation.

8. It is made clear that, this Court has not gone into the merits of the charges and counter charges between the parties and the complaint dated July 1, 2026.

9. Before reaching to the final conclusion in the relevant investigation process, the Police shall not take any coercive step against the private respondent herein. However, in the investigation process, if the private respondent is found to be guilty, then law shall take its own course.

10. While proceeding with the investigation, the jurisdictional authority shall not be influenced by observation, if any, made by this Court and shall proceed independently on the merit of the complaint but strictly in accordance with law. In course of the investigation if it appears to the Investigating authority that the complaint dated July 1, 2026 is harassive, frivolous, repetative and vexatious for whatever reasons, the Investigating authority shall be free to take exemplary punitive steps against the writ petitioner/complainant in accordance with law.

A. Roy,J.

11. Since affidavits are not called for, allegations made in this writ petition are deemed not to have been admitted by the respondents.

12. With the above observations and directions this writ petition being WPA 1575 of 2026 stands disposed of, without any order as to costs.

13. Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)