Krishna Chandra Ghosh v. The State Of West Bengal And ORS.

Sl.No.

13.11.2024 WPA 23557 of 2024 Court No. 35 G.S.Das Krishna Chandra Ghosh -VsThe State of West Bengal & Ors.

Ms. Pampa Dey (Dhabal) Mr. Biswarup Chatterjee ... for the Petitioner Mr. Rajarshi Basu Mr. Anirban Datta ... for the State of West Bengal Mr. Malay Bhattacharyya ... for the private respondents The petitioner claims that as there were differences in respect of the lease rental to be paid to the land owner in respect of a brick field run by the petitioner and his partners, the private respondents had removed the machineries and all the bricks illegally.

A complaint has been lodged with the Officer-in-charge of the Indus P.S., but, no action has been taken.

A report has been furnished by

the officer in charge of Indus P.S., which, reflects that a spot enquiry was conducted from the local persons.

It has been revealed during enquiry that there was no evidence that the machineries were taken away from the area of the said brick field.

Learned advocate for the private respondents disputes the contentions.

As the information of the complainant addressed to the officer in charge is in respect of cognizable offence and the police authorities have disputed the same on enquiry, I grant liberty to the petitioner to approach the jurisdictional criminal court to invoke the provisions under Section 175(3) of BNSS and/or Section of the BNSS.

The jurisdictional criminal court would assess the factual circumstances and pass orders

in accordance with law.

With the aforesaid observations, WPA 23557 of 2024 is disposed of.

Report so submitted be kept with the record.

Let a copy of the report be handed over to the learned advocate for the petitioner.

Affidavit of service so filed 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.)