Jagannagh Koner And ORS. v. The State Of West Bengal And ORS.

24.06.2025 WPA 9850 of 2025 Sl.No.

7M Court No. 35 Jagannath Koner & Ors.

-VsThe State of West Bengal & Ors.

G.S.Das Mr. Saheb Banerjee ... for the Petitioner(s) Mr. Suman Ghosh Mr. Sankha Prasad Roy ... for the State-respondent(s) Re Learned advocate for the petitioners claims that the private respondent(s) were to pay a sum of Rs.

lakh for purchasing the property situated at JL No. 142, LR Kh. No. 138, R.S.-L.R. Dag No. 06 measuring about 1.15 acre of land.

Learned advocate submits that the private respondent(s) deceptively gained the confidence of the petitioner, thereafter, got the property registered in his favour by paying only Rs. 6 lakh and promised that he would subsequently pay the rest of the amount of Rs.8 lakh.

State has submitted a report which reflects that the police authorities have conducted an enquiry according to the prescribed procedures.

However, according to the police authorities, the present petitioners did not cooperate in course of the enquiry by not supplying necessary documents.

Having regard to the contentions and the issues raised by the petitioners as well as the stand of the State, I direct that the petitioners would be at liberty to approach the jurisdictional criminal court by invoking the provisions of Section 175(3)/Section 223 of the BNSS.

The concerned court will decide whether any case has been made out for progressing by strictly adhering to the provisions of law.

The petitioners would also be at liberty to approach the jurisdictional Civil court for necessary remedies available

under the law.

With the aforesaid observations, WPA 9850 of 2025 is disposed of.

Pending connected application(s), if any, is also disposed of.

Report so submitted be kept with the record. A copy of the report be handed over to the petitioners.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)