Basanti Roy Paul And ANR v. State Of West Bengal And ORS.
31-10-2022 ct no. 13 Sl. 6 sp WPA 21732 of 2022 Basanti Roy Paul & Anr.
-VersusThe State of West Bengal & Ors.
Mr. Satrajit Sinha Roy .......for the petitioners Mr. Subhabrata Datta, ld. Sr. Govt. Adv., Mr. Banibrata Datta ...for the State The petitioner alleges inaction on the part of the Sinthee Police Station in respect of complaint dated September 15, 2022. The writ petition itself has listed out several complaints by and against the petitioner.
The subject of the writ petition is with regard to civil rights. By an order dated July 22, 2022 passed in WPA 16123 of 2022 (Basanti Roy Paul & Anr. Vs. The State of West Bengal & Ors.), a Co-ordinate bench of this Court has found no inaction on the part of the Sinthee Police or the Baranagar Police. Liberty was reserved, inter alia, to the petitioner to institute appropriate proceeding with regard to civil rights.
The petitioners have already approached the Magistrate concerned under Section 156(3) of the Cr. P.C. in respect of alleged inaction on the part
of the aforesaid Police Stations. The remedy of the petitioners, is either before the Magistrate under Section 156 (3) of the Cr. P.C. or before a Civil Court.
This Court is of the view that the petitioners may be guilty of abusing the process of law by repeated litigation in respect of a civil dispute with the private respondent. The petitioners are warned against any further similar misadventure in future. The Sinthee Police and the Baranagar Police shall, however, ensure that there is absolutely no breach of peace in the area.
With the aforesaid observations, the instant writ petition shall stand disposed of.
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.)