Koushik Nandy v. State Of West Bengal And ORS.

06.

bd.

27.06.2024 Ct.14 W.P.A. 7010 of 2024 Koushik Nandy @ Kousik Nandy -vs- The State of West Bengal & Ors.

Mr. Shahan Shah Md. Shahjahan Mr. Anindya Bhattacharya ... for the petitioner. Mr. Suman Ghosh Mr. Sankha Prasad Roy ... for the State. The petitioner complains that the police did not take steps pursuant to the complaint lodged in the month of January, 2024. The petitioner alleges cheating, fraud, mis-representation on the part of the accused.

Learned advocate representing the State respondents submits, upon instructions from the Chanditala Police Station (Hooghly Rural), that the complaint of the petitioner was enquired and as it reveals that there was a Memorandum of Understanding between the parties about the purchase of the property, accordingly, the police concluded that there is a civil dispute in between the parties.

According to the police, the remedy of the petitioner would be under the Specific Performance of Contract, to be adjudicated by the appropriate Civil Court.

As regards infringement of civil rights, it will

be open for the petitioner to approach the competent Court for relief. The police will, however, enquire and take steps as regards the allegations of cheating, fraud and misrepresentation which the petitioner submits in Court.

The petitioner will be obliged to submit a fresh representation giving details of the illegalities caused by the private respondents for the police to act in response to the same.

The writ petition stands disposed of.

Affidavit of service is taken on record.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)