Monoranjan Mandal And ANR. v. State Of West Bengal And ORS.

D/L 134 18.03.2025 Bpg.

ct.no.35 W.P.A.3645 of 2024 Manoranjan Mandal & Anr.

Versus

The State of West Bengal & Ors.

Mr. Biswajit Goswami.

...for the petitioners.

Mr. Wasim Ahmed Md. Sehabuddin.

...for the State-respondents.

Affidavit-of-service filed by the petitioners be kept with the record.

Petitioners are aggrieved by the fact that the private respondents have fabricated title deed of the property and after forging the same have established their right, thereby restraining the petitioners from entering the property which are owned by them. To that effect, information were furnished to the police authorities but the police authorities refused to take action except by way of registering a case being Gosaba Police Station Case No.220 of 2023 dated 03.11.2023. Learned advocate further submits that no coercive measures were taken which have encouraged the private respondents consequent to which the private respondents have become adamant,

thereby restraining the petitioners to enjoy the property which belong to them.

Learned advocate for the State, Mr. Ahmed submits that police on receipt of the information have taken appropriate steps by registration of the FIR. I find that the FIR was registered on or about November, 2023, almost 11⁄2 years have passed. There are number of accused persons named in the FIR. Police authorities if till date has not come to a conclusion in respect of the merits of the investigation so far as the accusations relating to cheating and forgery are concerned, then in that case, steps must be expedited. To that effect, I am of the view that a superior officer of the police in the rank of DSP/SDPO would monitor and ensure that the report under Section 173 Cr.P.C is filed before the jurisdictional court preferably within a period of three months from the date of communication of this order.

With the aforesaid observations, WPA 3645 of 2024 is disposed of.

There will be no order as to costs.

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

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

(Tirthankar Ghosh, J.)