Kaykashan Khatun @ Kaykashan Khatoon And ORS v. State Of W B And ORS

03.05.2023 Item No.4 Ct. No.1 PG/KS M.A.T 707 of 2023 With IA No. CAN 1 of 2023 Kaykashan Khatun @ Kaykashan Khatoon & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Tanmoy Chattopadhyay .....for the Appellants Mr. Amal Kumar Sen Mr. Lal Mohan Basu .....for the State Mr. Mrityunjoy Chatterjee Mr. Ravi Ranjan Kumar .....for the respondent nos.7 & 8 1.

This intra Court appeal is directed against the order dated 11th April, 2023 in W.P.A. 8458 of 2023. By the said order, the learned Writ Court dismissed the writ petition on the ground that writ petition is not the remedy to quash a First Information Report.

2.

The learned advocate for the appellants would vehemently contend that was not the only prayer in the writ petition.

3.

If in the opinion of the appellants, there is any error in the order passed in the writ petition, the appeal is not the only remedy and the avenue to

the appellants is to file a review application and make out a case before the very same court.

4.

Thus, at this juncture, we do not find any ground to interfere with the order passed in the writ petition.

5.

Accordingly, the appeal fails and is dismissed. 6.

There shall be no order as to costs.

7.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T. S. SIVAGNANAM) ACTING CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)