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Calcutta High CourtWPA/17694/2021disposed

Suntanu Biswas And Another v. State Of West Bengal And ORS.

2022-06-22Hon'Ble Justice Shampa Sarkar1 pages

S/L 104 22.06.2022 Court. No. 19 GB WPA 17694 of 2021 Shri Suntanu Biswas & Anr.

VS The State of West Bengal & Ors.

Mr. Anindya Bose, Mr. Asok Banerjee, Mr. Diptendu Mandal, Mr. Nikhil Gupta, Mr. Arindam Poali.

... for the Petitioners.

Mr. T.M. Siddiqui, Mr. Nilotpal Chatterjee.

... for the State.

Complaint was filed before the police authorities on an apprehension that the respondent no.4 was going to file a suit against the petitioners, who are flat owners in the same apartment as the respondent no.4. Further apprehension was that the peaceful possession of the petitioners, would be disturbed.

The police authorities have submitted that no cognizable offence has been made out in the complaint and as such, the police authorities are not in a position to take any steps.

Upon perusal of the complaint, this Court agrees with the submissions of Mr. Chatterjee, learned advocate appearing on behalf of the State respondents. The remedy of the petitioners in any other forum, is kept open. Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)