Moni Das v. State Of West Bengal And ORS.

05.09.2022 Court No.13 Item No.91 AP WPA 16145 of 2022 With IA No.: CAN 1 of 2022 (Not found in the File) Moni Das Vs.

The State of West Bengal & Ors.

Mr. Avik Ghatak Mr. Saibal Krishna Dasgupta ... For the Petitioner.

Mr. B. Ghoshal Mr. Sandeep Prasad Ghosh Mr. Anupam Some ... For the Intervenor.

The petitioner complains of faulty investigation in respect of a FIR being No.178 of 2022 dated 20th June 2022. It is however submitted that the charge sheet has already been filed in respect of the said FIR. Mr.

Ghoshal, learned counsel seeks to intervene on behalf of the ex-tenant who have claimed to have obtained lease of the property from the petitioner for 99 years.

In these circumstances, the petitioner may move an application under Section 173(8) of the CrPC before the appropriate Court in respect of the charge sheet and the investigation conducted thereunder. With the aforesaid directions, the writ petition is disposed of.

In view of the disposal of the main writ petition, connected applications, if any, shall also stand disposed of.

Since the respondents have not used any affidavit, the allegations made in the writ petition shall not be deemed to have been admitted by them. There shall be no order 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.)