Sandip Kuila v. State Of West Bengal And ORS.

15-05-2023 ct no. 13 sl. 29 sp WPA 9288 of 2023 Sandip Kuila -VersusState of West Bengal & Ors.

Mr. K.J. Tewari, Mr. Prantick Ghosh, Mr. Anirudha Tewari, Mr. Prasad Bhattacharyya ...for the petitioner Mr. Amitesh Banerjee, ld. Sr. St. Counsel, Ms. Ipsita Banerjee, Mr. Suddhadev Adak ...for the State 1.

The petitioner is seeking intervention of this Court in respect of a charge sheet no. 839 of 2022 dated August 31, 2022 arising out of Tamluk Police Station Case No. 194 of 2022 dated March 15, 2022.

2.

The petitioner submits that he is a victim of the fraud and not the perpetrator.

3.

The dispute between the parties is with regard to the ownership of a vehicle financed by NBFC.

4.

Having heard the learned counsel for the parties and having considered the facts of the case, this Court is of the view that the writ petition may be maintainable but is not entertained in view of the effective alternative remedy under the provisions of Section 156(3)

of the Cr. P.C. against the alleged inaction of the police in respect of the petitioner's complaint.

5.

The petitioner has remedy under Section 482 of the Cr. P.C. in respect of the charge sheet in which he is an accused.

6.

Reserving rights to the petitioner as indicated hereinabove, the writ petition is disposed of without any further order.

7.

There shall be no order as to costs.

8.

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

(Rajasekhar Mantha, J.)