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Calcutta High CourtWPA/1601/2022disposed

Premnath Kairi v. State Of West Bengal And ORS.

2022-05-10Hon'Ble Justice Rajasekhar Mantha2 pages

10.05.2022.

Item No. 26.

Court No.13 ap W.P.A. No. 1601 of 2022 Premnath Kairi

Versus

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury.

..For the petitioner.

Ms. Suchana Banerjee.

...For the respondent no.4.

Mr. Wasim Ahmed, Mr. T.A. Khan.

..For the State.

It appears from the records that there is a civil dispute between the parties, which is the subject matter of Title Suit No. 199 of 2022 which is now pending before the learned Civil Judge (Junior Division) 1st Court, Chinsurah, Hooghly.

Counsel for the private respondent submits that the property in question exclusively belongs to her client.

The Inspector-in-charge, Chinsurah Police Station has filed a report dated 11th April, 2022 in the form of Instructions addressed to the State Advocate. The same is taken on record.

It appears from the said report that in respect of FIR by the petitioner against the private respondent Charge-sheet No. 12 of 2022 dated 29.01.2022 under Sections 447/427/188/34 of the Indian Penal Code

has been filed. It further appears that there is also counter complaint by the private respondent against the petitioner, which is registered as FIR No. 18 of dated 11.01.2022 under sections 341/448/324/325/354/354B/506/509/34 of the Indian Penal Code.

In that view of the matter, the investigation into the pending FIRs may be completed as expeditiously as possible. Chinsurah Police Station shall ensure that there is absolutely no breach of peace in the locale. The parties may thrash out their civil disputes as regards the title, ownership and occupation of the property in question in the pending civil suit in accordance with law.

With the aforesaid observations, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)