Bharat Jakat Majhi Mohal v. State Of West Bengal And ORS.

Sl.No.

06.11.2024 WPA 24707 of 2024 Court No. 35 G.S.Das Bharat Jakat Majhi Mohal -VsThe State of West Bengal & Ors.

Mr. Arunava Ganguly ... for the petitioner Mr. Atis Kumar Biswas Mr. Suman Chakraborty ... for the respondent no. 5 Ms. Sabnam De Bardhan, Jr. Govt. Adv.

Ms. Tuli Sinha ... for the State The petitioner and the respondents are at loggerheads.

The main grievance of the petitioner is that their logo and banners are misused and money is being collected.

Learned advocate for the respondent(s) disputes such contention and submits that the petitioner by way of using the name of tribal organization are incorporating the non-tribal people.

Learned advocate for the State has submitted a report. The report reflects that pursuant to the earlier order passed by a Co-ordinate Bench of this Court, a meeting was held at the office of the Superintendent of Police, Hooghly (Rural).

I have considered the submissions advanced on behalf of the petitioner, respondents as also the State.

In view of such submissions so advanced, I am of the opinion that this is not a fit case to invoke the jurisdiction under Article 226 of the Constitution of India.

However, the petitioner would be at liberty to approach the jurisdictional criminal court by way of taking out an appropriate application under Section 175 of the cr.p.c. or under Section 223 of the BNSS, 2023.

With the aforesaid observations, WPA 24707 of 2024 is disposed of.

Affidavit of service so filed be kept with the record.

Report so submitted be also 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.)