Jharna Ghosh v. State Of West Bengal And ORS.

01.12.2021 Court No.13 Item No.26 AP WPA 16863 of 2021 Jharna Ghosh Vs.

State of West Bengal and Ors.

(Through Video Conference) Mr. Siddhertha Banerjee Ms. Reshmi Ghosh Mr. Koustav Bagchi Mr. Debayan Ghosh ... For the Petitioner.

Mr. Jishnu Chowdhury Ms. Amrita Panja Moulick ... For the State.

Mr. Pritam Choudhury ... For the Respondent No.10.

Mr. Soumyajit Das Mahapatra ... For the Respondent Nos.11, 12 & 13.

It appears from the report of the officer-in-charge, Bizpore Police Station that an FIR has been registered on 30th November, 2021 being Case No.599 dated 30th November 2021 under Section 34 of the West Bengal Clinical Establishment Act 2017. The same is taken on record.

It is expected that the investigation of the case be completed as expeditiously as possible preferably within a period of two months from the date of communication of this order.

It is submitted that the allegations made by the petitioner against the private respondents is primarily a result of landlord-tenant dispute. There is a proceeding

pending in the civil court for eviction of the private respondents.

It is made absolutely clear that this Court has not in any way entered into the dispute between the petitioner and the private respondents with regard to the premises itself and the Civil Court shall be at liberty to proceed and adjudicate this case in accordance with law.

The other proceedings against the private respondents on the allegation of conducting illegal sex determination tests shall be dealt with by the appropriate authority, who shall give due notice to the private respondents and take an appropriate decision in accordance with law.

With the aforesaid observations, the writ petition is disposed of.

Since the respondents have not used any affidavit, the allegations made in this writ petition shall not be deemed to have been admitted by them.

There shall be no other as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.)