Tapash Mukherjee v. The State Of West Bengal And ORS.

Sl.No.

04.11.2024 WPA 21881 of 2024 Court No. 35 G.S.Das Tapash Mukherjee -VsThe State of West Bengal & Ors.

Mr. Swapan Banerjee, ld. AGP Mr. Soumen Chatterjee ... for the State None appears for the petitioner.

The subject-matter of the writ petition relates to a grievance between the petitioner and the private-respondent(s) in respect of a property amongst the relations.

The petitioner has already approached the learned Executive Magistrate under Section 163(2) of the BNSS.

A report has been submitted on behalf of the State.

The report reflects that the police authorities have conducted an enquiry and submitted a report before the learned Executive Magistrate, Barrackpore within the prescribed period.

Considering the nature of the grievance which has been addressed in the writ petition, I am of the view that the dispute is absolutely civil in nature and the police authorities would not be entitled to act without the appropriate directions from the learned civil court. As such, no interference is called for.

With the aforesaid observations, WPA 21881 of 2024 is disposed of.

Report so submitted on behalf of the State be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court,

Calcutta.

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

(Tirthankar Ghosh, J.)