Dismissed

Md. Nasim Alias Nasim Qadri and Ors. v. the State of West Bengal and Ors.

Calcutta HC5 Feb 2025WPA/1806/2025

Case brief

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What is this about?

This Court disposed of a writ petition seeking safety, security, protection from false criminal implicating, and possession of Wakf property. The Court held that with a charge-sheet filed, jurisdiction lies with the criminal court, and matters of safety and possession remain with police and Wakf Tribunal respectively.

What did the court decide?

No order as to costs; petition disposed of without interference regarding accusations of false cases.

Md. Nasim Alias Nasim Qadri and Ors… — Constitutional and Fundamental Rights | Calcutta HC (2025)

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05.02.2025 Item No.57 Ct. No.35 dc.

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W.P.A. 1806 of 2025

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Md Nasim alias Nasim Qadri & Ors. versus State of West Bengal & Ors.

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Mr. Jawed K. Sanwarwala, Mrs. Farah Anjum, Ms. Sadaf Aafrin ... For the Petitioners. Mr. Suman Sengupta, Ms. Amrita Panja Moulick … For the State. Md. Salahuddin, Md. Ahsanuzzaman, Md. Raziuddin ... For the Respondent Nos. 5 & 6. Md. Nauroz Rahber, Mr. Amit Ranjan Pati, Mr. Muhammad Jawwad ... For the Respondent No.8.

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Affidavit-of-service filed in Court today be kept with the record.

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Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner.

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The petitioners expressed their grievance to the Officer-in-Charge, Bowbazar Police Station by an information dated 19.11.2024 wherein prayers of the petitioners are for safety and security, to occupy the part in possession of the property and for not being implicating them in false criminal proceedings. So far as the last issue is concerned, the police authorities have no business to interfere with the same.

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State has submitted a report which reflects that Bowbazar Police Station Case No. 97 dated

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31.05.2024 was registered for investigation and charge-sheet has been submitted on or about 12.12.2024. In view of the investigation which commenced having been ended in a charge-sheet, the jurisdictional criminal court is already in seisin of the matter. As such, the truth or falsity in the accusation is to be tested before the concerned court at the appropriate stage.

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So far as the safety and security of the petitioners are concerned, the police authorities would on a specific complaint act in accordance with law.

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So far as the possession of the petitioners is concerned, the appropriate Tribunal which is responsible for Wakf property would deal with the same on specific application being made by the petitioners or the concerned respondents.

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Since the main thrust was on being implicated in false cases and the fact that chargesheet has been submitted before the jurisdictional court, I do not find any scope for interference in respect of such accusations.

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With the aforesaid observations, the writ petition being WPA 1806 of 2025 is disposed of.

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There will be no order as to costs.

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All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

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(Tirthankar Ghosh, J.)

Md. Nasim Alias Nasim Qadri and Ors. v. the State of West Bengal and Ors.

Case brief

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Md. Nasim Alias Nasim Qadri and Ors. v. the State of West Bengal and Ors.

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