Calcutta High CourtWPA/13540/2021disposed

Subrata Roy v. State Of West Bengal And ORS.

2022-01-14Hon'Ble Justice Rajasekhar Mantha2 pages

WPA 13540 of 2021 Item-71 14-01-2022 Subrata Roy sg

Versus

State of West Bengal & Ors.

Ct. 13 (Through Video Conference) Mr. Debasis Sur, Adv.

Mr. Himadri Sekhar Pal, Adv.

...for the petitioner Mr. Suptarim Dhar, Adv.

Mr. Dhananjay Nayak, Adv.

...for the private respondent Mr. Santanu Kumar Mitra, Adv.

Mr. Bipin Ghosh, Adv.

...for the State Counsel for the petitioner submits that he has registered a complaint with the Kotrung Police Station on 7th April, 2021 as regards forgery committed by the private respondent. There are also the disputes with regard to land between the petitioner and the private respondent.

Counsel for the State denies any inaction on the part of the police. It is submitted that the Officer-in-Charge of concerned police station has registered FIR in respect of the petitioner's complaint on 6th September, 2021 being 377 of 2021 under sections 420/468/465/421/471/120B of the Indian Penal Code. Investigation is on. It is also submitted that the private respondent appears to be residing at the said premises for about 20 years. The petitioner is also stated to have approached the private respondent for amicable settlement.

Be that as it may, this Court is of the view that the dispute

between the petitioner and the private respondent is purely civil in nature. However, in respect of FIR already registered, the Officer-inCharge, Kotrung Police Station is directed to complete the investigation as expeditiously as possible and file a final report before the jurisdictional Magistrate. It is however, directed that the Officerin-Charge of the said Police Station shall keep a strict vigil over the area and ensure that there is no breach of peace. Since the respondents have not used any affidavit, none of the allegation made in this writ petition shall be deemed to be admitted. The writ petition being WPA 13540 of 2021 is disposed of. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.)