Din Mohammad & ANR v. State Of West Bengal & ORS

11.11.2022.

Court No.13 Item No. 30 pk W.P.A. No. 329 of 2020 (CAN 1 of 2022) Din Mohammad and another

Versus

State of West Bengal and others Mr. Golam Mastafa, Mr. Tarasankar Samanta, Mr. Samirul Sardar ... for the petitioners.

Mr. Amal Kumar Sen, Mr. Lal Mohan Bari ... for the State.

In Re: CAN 1 of 2022 (Restoration) Sufficient grounds are available to explain the absence of the petitioners and/or their Counsel on 29.09.2022.

The said order is recalled and the writ petition is restored to its original file and number.

Accordingly, CAN 1 of 2022 is disposed of.

There will be, however, no order as to costs. In Re: W.P.A No. 329 of 2020 The petitioners are aggrieved that the Jalangi Police Station and Baharampur Police Station have not taken any steps to recover articles stolen from their bus despite specific complaints dated 28th September, 2019 and 4th October, 2019.

The facts of the case are that the petitioners had purchased a vehicle, which was financed by one Om Finance Services/the respondent no. 7. In default of making payment of dues, the said finance company commenced proceedings under the Arbitration and Conciliation Act and a receiver took possession of the vehicle. The vehicle was kept at Jalangi initially and subsequently shifted to Baharampur.

After paying the dues of the financer, the petitioners went to collect the vehicle. They found that a large number of parts of the vehicle have been stolen. Neither Jalangi Police Station nor Baharampur Police Station have registered any FIR in respect of the theft.

Mr. Sen, learned advocate for the State, shall obtain further instructions from the concerned Police Stations to ascertain the steps taken by them to deal with the petitioners' complaint.

Let this matter stand adjourned and be listed on 17.11.2022.

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

(Rajasekhar Mantha, J.)