Sasthi Roy And ORS v. State Of West Bengal And ORS.

11.02.2022.

Court No.13 Item No. 17 ap W.P.A. No. 12742 of 2021 With CAN 1 of 2022 (Through Video Conference) Sasthi Roy & Ors.

Versus

The State of West Bengal & Ors.

Mr. Ranjan Kali, Mr. Suraj Bhattacharjee, Ms. Nabanita Dutta.

...For the petitioners.

Mr. Subhabrata Datta, Mr. Amritalal Chatterjee.

..For the State.

Mr. Malay Bhattacharyya, Mr. Subhrajyoti Ghosh.

...For the respondent no.6.

In Re: CAN 1 of 2022 (Restoration) Sufficient grounds are available to explain the absence of the petitioners and/or their Counsels on 10th January, 2022 before this Court.

The said order is recalled and the writ petition is restored to its file and number.

Accordingly, CAN 1 of 2022 is disposed of.

There will be, however, no order as to costs. In Re: W.P.A No. 12742 of 2021 Affidavit-of-service filed in Court today be taken on record.

The writ petitioners are aggrieved that A.S.I. Narayanpur Police Station is coercing and pressurizing him to repay a loan to the respondent no.6.

It appears that on 14th July, 2021 the respondent no.6 filed a complaint with the Narayanpur Police Station against the petitioners for non-payment of loan amounts and a General Diary was registered in this regard and enquiry was conducted. It is in course of their enquiry that the petitioners were called by the A.S.I. Narayanpur Police Station.

Counsel for the State submits that proceedings under Section 107 of the Code of Criminal Procedure have been taken out against the petitioners and have been stayed by a Co-ordinate Bench of this Court in C.R.R. No. 2286 of 2021.

This Court is of the view that the disputes between the petitioners and the private respondent are purely civil in nature and the parties may take up appropriate remedies under the civil law. There is no scope for the police to intervene in the instant matter. The complaints being enquired into by Narayanpur Police Station by and against the petitioners shall forthwith cease.

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

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)