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Calcutta High CourtWPA/6846/2020dismissed

Apu Mondal v. State Of West Bengal & ORS

2020-11-20Hon'Ble Justice Shekhar B. Saraf2 pages

20.11 W.P.A. 6846 of 2020 Apu Mondal -VersusThe State of West Bengal & Ors.

Ch.

Dl.

akb Ms. Chama Mookherji Ms. Manika Pandit ...For the State Respondents Mr. Kumarjyoti Tewari Ms. Rajlakshmi Ghatak ...For Respondent No.s 5 & 6 None has appeared on behalf of the petitioner at the time of call.

Ms.

Chama Mookherji, learned Counsel appearing on behalf of the State respondents has filed a report in the form of an affidavit in Court today. The same is kept with the record.

By the said report, Sub-Inspector, Kolaghat Police Station, Purba Medinipur, indicates that the petitioner is one of the persons who has been called for investigation as the petitioner is a co-owner of the pond wherein the offence took place.

Mr.

Kumarjyoti Tewari, learned Counsel appearing on behalf of the respondent Nos. 5 and 6 submits that they are the owners of the adjacent pond. He further submits that the petitioner has no locus standi whatsoever as he is in no way connected to either the deceased or the complainant.

In the light of the above submissions, I am of the view that the writ petitioner has no locus standi. Furthermore, the writ petitioner is required to cooperate with the concerned police, which he is not doing.

In the light of the above reasons, the writ petition is dismissed. I am of the view this writ petition is a vexatious and frivolous writ petition and accordingly cost of Rs. 5,000/- is imposed upon the writ petitioner payable go West Bengal State Legal Aid Services Authority. In the event of non-payment, the concerned authority is directed to proceed against the writ petitioner in accordance with law.

( Shekhar B. Saraf, J.)