Partha Roy And ANR. v. The State Of West Bengal And ORS.

27.01.2025 W.P.A. 17659 of 2024 Item No.18 Ct. No.35 dc.

Shri Partha Roy & Anr.

versus The State of West Bengal & Ors.

Mr. Golam Mastafa, Mr. Tarasankar Samanta, Mr. Kazi Asif Iqbal ... For the Petitioners.

Mr. Rajarshi Basu, Mr. K. M. Hossain ... For the State.

Mr. Chandra Sekhar Bag, Mr. Sagnik Chatterjee ... For the Respondent Nos.4, 5 & 6.

Mr. Rameshwar Sinha, Ms. Debanjana Sen ... For the Respondent No.7.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocates appearing for the petitioner, respondent nos. 4 to 6 and respondent no.7.

The petitioners are aggrieved by the fact that in spite of informing the police authorities, no action has been taken by the Officer-in-Charge, Survey Park Police Station.

State has submitted a report which reflects that the dispute and difference between the petitioners and the private respondents are relating to a garage in issue.

The petitioners have claimed that they have paid the money. On the other hand, the respondent

nos. 4 to 6 claims that the cheque has been dishonoured.

Learned advocate appearing for the respondent no.7 submits that the respondent no.7 is in possession of the garage which is the subjectmatter of the case. In view of nature of the issue which is being canvassed before this Court and the complaint which has been filed before the Officer-in-Charge, Survey Park Police Station, I direct the petitioners to approach the jurisdictional court under the relevant provisions of law. Learned Magistrate having jurisdiction of Survey Park Police Station will call for a report from the concerned police station and by application of mind will pass necessary directions.

Needless to state that this Court has not directed the learned Magistrate to act in a particular manner, but the learned Magistrate would exercise his own discretion while passing any order.

With the aforesaid observations, the writ petition being WPA 17659 of 2024 is disposed of. There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)