Sk Safikul Islam v. State Of West Bengal And ORS.

12-09-2022 ct no. 13 Sl.19 sp WPA 9330 of 2022 Sk. Safikul Islam -VersusThe State of West Bengal & Ors.

Mr. Rafikul Islam Sardar ....for the petitioner The petitioner is aggrieved that despite complaint to the Officer-in-Charge, Jangipara Police Station, Hooghly, dated May 12, 2022, no steps have been taken. The petitioner complains that the private respondent-brother has demolished a portion of his property. An earlier writ petition filed by the petitioner being W.P.A. No. 7516 of 2022, is stated to have been withdrawn on pressure from the private respondents. There is no evidence to that extent produced before this Court. The remedy of the petitioner against the inaction on the part of the police, in respect of a complaint disclosing a cognizable offence is under Section 156(3) of the Cr. P.C.

In any event, since this Court is of the view that the disputes also have a substantial civil colour, the petitioner may take out the appropriate civil proceedings in accordance with law.

With the aforesaid observations, the writ petition shall stand disposed of.

There shall be no order as to costs.

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

(Rajasekhar Mantha, J.)