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Calcutta High CourtWPA/10256/2022disposed

Pradip Sarkar v. State Of West Bengal And ORS.

2022-06-24Hon'Ble Justice Shampa Sarkar2 pages

S/L 36 24.06.2022 Court. No. 19 GB WPA 10256 of 2022 Pradip Sarkar VS The State of West Bengal & Ors.

Mr. Jitendra Kr. Chaurasia.

... for the Petitioner.

Mr. Ranjit Rajak.

... for the State.

Mr. Dhananjay Banerjee.

... for the Respondent Nos. 4 to 6.

The report filed by the police authorities indicates that on the basis of a complaint lodged by the vendor of the petitioner, Purbasthali PS Case No.36 of 2022 dated February 7, under Sections 323/406/420/504/120B/34 of the Indian Penal Code was registered. Investigation was conducted. All the documents from the office of the Block Land and Land Reforms Officer, Purbasthali-II were collected and scrutinized. It was found upon investigation that the allegations against the respondent no.4 could not be substantiated.

The investigation ended with the filing of a final report. With regard to the case initiated against the vendor of the petitioner by the respondent no.4, investigation was completed and charge-sheet has been filed. The police report filed in Court today, indicates that the police had conducted a thorough investigation and concluded the same.

Prosecution under Sections 182 and 211 of the Code of Criminal Procedure has been submitted against the vendor of the petitioner.

The police authorities are of the view that the contentions of the petitioner are similar to those of his vendor and the allegations have been gone into, during the investigation of the two FIRs.

The dispute appears to be civil in nature and with regard to the title arising out of an alleged deed, executed between Krishna Pattandar and the petitioner. Under such circumstances, nothing further remains to be decided in the writ petition. The police authorities will ensure that law and order is maintained and the petitioner is not unnecessarily harassed or harmed. The other reliefs claimed, shall be decided by the appropriate civil court. Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)