Jogesh Chandra Saha v. State Of West Bengal And ORS.

Court. 05 Item No.17 06.06.2024 (Suvendu /Sandip) WPA 15166 of 2024 Jogesh Chandra Saha Vs.

The State of West Bengal & Ors.

Mr. Debasis Sur Mr. Mrimoy Chatterjee Mr. Angsuman Patra ..........for the petitioner Mr. Jayanta Samanta Mr. Kushal Biswas Mrs. Reshma Chatterjee ..........for the State respondents Mr. Bhagabat Chawdhury ..........for the respondent nos. 5 & 6 Affidavit of service filed on behalf of the petitioner is taken on record.

The petitioner claims that the jurisdictional Police Station has not yet registered any FIR arising out of the complaint submitted by the petitioner appearing at page 41 of the writ petition.

Mr.

Debasis Sur, learned advocate appears for the petitioner.

Mr.

Bhagabat Chawdhury, learned advocate appears for the respondent nos. 5 and 6. Mr. Jayanta Samanta, learned advocate appears for the respondent nos. 1 to 4.

The record shows that the petitioner has not initiated any proceeding under Section 156(3) of the Criminal Procedure Code before the jurisdictional Criminal Court and bypassing such

statutory remedy available to the petitioner, the petitioner has filed this writ petition.

In view of the above, this writ petition is disposed of by granting liberty to the petitioner to initiate appropriate proceeding in accordance with law.

However, in the event the FIR is registered in accordance with law, the jurisdictional police authority shall take all further steps strictly in accordance with law as expeditiously as possible. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. On the above terms, this writ petition being WPA 15166 of 2024 stands disposed of without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Aniruddha Roy, J.)