Samita Chouhan v. State Of West Bengal And ORS.

(Through Video Conference) 20.07.2021 serial no. 255 D d WPA 4800 of 2021 Smt. Samita Chouhan Vs.

State of West Bengal & Ors.

Mr. Kushal Chatterjee, Advocate ... ... for the Petitioner Mr. Ashim Kr. Ganguly, Ms. Sukla Das Chanda, Advocates ... ... for the State Petitioner complains of police inaction.

Learned advocate appearing for the petitioner submits that the petitioner was party defendant in TS no. 52 of 2014 which was dismissed. He submits that since the petitioner is the owner of the property, she wants to encircle such property by a boundary wall but the private respondents are resisting her from doing so. Complaint to the police did not evoke any result.

Learned advocate for the State on instructions submits that, Title Suit no. 52 of 2014 was dismissed. There is a Title Appeal pending. He submits that the police after completion of the inquiry submitted a prosecution under Section 107 of the Code of Criminal Procedure and a prosecution under Section 107/116(3) Cr.PC against Chandra Deb Paswan @ Bantha and his son respectively.

Apparently, there are disputes of civil nature between the private parties and such disputes relate to immovable property. The private parties are at liberty to avail of their remedies before the

appropriate forum. So far as the complaint of the petitioner to the police is concerned, the same was inquired into and a prosecution submitted.

In such circumstances, the police having taken action as noted above, no further interference is called for.

WPA 4800 of 2021 is disposed of accordingly.

(Debangsu Basak, J.)