Md. Mazahar Ali v. State Of West Bengal And ORS.

10.12.2024 W.P.A. 445 of 2024 Item No.428 Ct. No.35 dc.

Md. Mazahar Ali versus The State of West Bengal & Ors.

Mr. Rajib Kumar Acharyya, Mr. Banshi Badan Maity, Mr. Goutam Malik ... For the Petitioner.

Mr. K. J. Yusuf, AGP, Ms. Rupsha Chakraborty ... For the State.

Mr. P. Ghosh ... For the private Respondents.

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

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 advocates appearing for the petitioner and the private respondents.

The petitioner is aggrieved by the inaction of the police authorities in respect of the information submitted.

State has submitted a report which reflects that civil suit is pending between the petitioner and the private respondents being T.S. No. 186/2023. Learned advocate appearing for the petitioner submits that there has been suppression of material facts as also facts have been distorted to suit the needs of the petitioner without having rights under the law.

Be that as it may, I find that information which was sent to the police authorities was more

than a year and last of the mail which has been sent is in the month of January, 2023. The police authorities having not acted on such information, the petitioner would be at liberty to approach the jurisdictional criminal court with prayer for reliefs. If the jurisdictional criminal court is of the opinion that a case has been made out, it would pass necessary orders in accordance with law.

With the aforesaid observations, the writ petition being WPA 445 of 2024 is disposed of. There shall be no order as to costs.

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

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

(Tirthankar Ghosh, J.)