Nirmal Kumar Dutta v. State Of West Bengal And ORS.

(Through Video Conference) 25.08.2021 serial no. 13 D d WPA 12866 of 2021 Nirmal Kumar Dutta Vs.

The State of West Bengal & Ors.

Mr. Bharat Chandra Simai, Advocate ... ... for the Petitioner Mr. Raja Saha, Ms. Sangeeta Roy, Advocates ... ... for the State The petitioner seeks a direction upon the police to register a First Information Report on the complaints of the petitioner dated March 16, 2021 and August 6, 2021, Learned advocate appearing for the petitioner submits that the deceased uncle during his life time executed a Power of Attorney. The Power of Attorney ceased on the death of the uncle. The Power of Attorney holds acted illegally on the basis of such Power of Attorney. The complaints to the police did not evoke any response.

Learned advocate appearing for the State submits on instructions that the police inquired into the complaints of the petitioner. On inquiry the police learnt that the deceased uncle executed a Power of Attorney. Thereafter, on his death, the legal heirs of the deceased uncle executed a fresh Power of Attorney. Actions taken by the Power of Attorney holders are claimed to be under the Power of Attorneys held by him. According to the police,

the disputes between the private parties are civil in nature.

Evidently, there are disputes relating to the Power of Attorney and its use. The disputes between private parties are civil in nature.

The police taking steps on the two complaints as noted above, and since the disputes are civil in nature, further interference by the writ court is not called for.

WPA 12866 of 2021 is disposed of accordingly.

(Debangsu Basak, J.)