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Calcutta High CourtWPA/7476/2022disposed

Sanowar Hossain And ORS v. State Of West Bengal And ORS.

2022-07-14Hon'Ble Justice Shampa Sarkar1 pages

S/L 427(ML) 14.07.2022 Court. No. 19 GB WPA 7476 of 2022 Sanowar Hossain & Ors.

VS The State of West Bengal & Ors.

Mr. Atarup Banerjee, Mr. Abdus Salam.

... for the Petitioners.

Mr. Subhabrata Dutta, Mr. Shayak Chakraborty.

... for the State.

Affidavit-of-service filed in Court today, be kept with the record.

The petitioners allege that the Inspector-in-Charge, Berhampore Police Station has not taken any steps despite a complaint of an alleged construction of a party office of the Trinamool Congress, within the land of the petitioner. The police authorities have filed a report, indicating that prosecution under Section 107 of the Code of Criminal Procedure has been submitted against the respondent no.4 to 7 and the respondent nos.4 to 7 were directed to comply with the order of the learned Magistrate passed under Section 144(2) of the Code of Criminal Procedure. In any event, as there are allegations of trespass etc., the petitioners shall file a written complaint before the Superintendent of Police, Murshidabad, who will dispose of the said complaint in accordance with law. The question of title, shall not be gone into, if the parties show documents giving rise to rival claims with regard to title and possession. Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)