Mousumi Mondal v. State Of West Bengal And ORS.

Ct.No.1 D/L 11.12.2025 Saikat 18 Mukherjee MAT/1294/2021 with CAN/1/2021 MOUSUMI MONDAL VS.

STATE OF WEST BENGAL AND ORS.

Per, Sujoy Paul, ACJ.

1. None for the appellant even in the pass-over round.

2. None for the respondents as well.

3. The grievance of petitioner before learned Single Judge was that police has not incorporated vital sections while registering FIR against the private respondent. The Writ Court was examining the question of registration of FIR under correct section. Essentially, the Writ Court was examining the penal provisions in the said writ application.

4. In view of the judgment of the Hon'ble Supreme Court in Ram Kishan Fauji vs. State of Haryana & Ors. reported in 2017(5) SCC 533, the intra-court appeal is not maintainable against such order.

5. Resultantly, the appeal is dismissed.

6. With dismissal of the instant appeal, CAN/1/2021 is also dismissed.

7. No order as to costs.

(SUJOY PAUL, ACJ.) (PARTHA SARATHI SEN, J.)