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Calcutta High CourtWPA/12806/2024disposed

Pachipala Namratha v. The State Of West Bengal And ORS.

2025-02-11Hon'Ble Justice Tirthankar Ghosh3 pages

11.02.2025 WPA 12806 of 2024 Sl.No.

Court No. 35 Dr. Pachipala Namratha -VsThe State of West Bengal & Ors.

G.S.Das Mr. Dinesh Pani ... for the petitioner(s) Mr. Akash Dutta ... for the State-respondent(s) Ms. Sudeshna Basu Thakur Ms. Banani Bhattacharya Ms. Upashna Das ... for the respondent nos. 4 and 5 Learned advocate for the private respondents submits that she has instructions that there is a civil suit pending and the respondents are not ready and willing for registration of the property in view of the dispute subsisting with the petitioner.

Learned advocate for the petitioner submits that earlier an information was furnished with the police authorities regarding the amount being paid and, in spite of receipt of the amount, the

respondents are not abiding by the terms of the agreement.

State earlier has submitted a report, which reflects that a misrepresentation was made to the police authorities also in respect of the factual circumstances by the private respondents.

In view of the aforesaid, I grant liberty to the petitioner to approach the jurisdictional criminal court by way of taking out an application under Section 175(3) of the BNSS.

The learned Magistrate would see to that whether any cognizable offence and/or any case of investigation is made out, thereafter, pass necessary directions as he/she deems fit and proper upon the jurisdictional police officer for taking necessary steps, if any.

With the aforesaid observations, WPA 12806 of 2024 is disposed of.

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

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.)