Malina Dutta @ Malina Ray And ANR. v. State Of West Bengal And ORS.

D/L136 06.11.2024 Bpg.

ct.no.35 W.P.A.24908 of 2024 Malina Dutta @ Malina Ray & Anr.

Versus

The State of West Bengal & Ors.

Mr. Harun-All-Rashid.

...for the petitioners.

Mr. Jayanta Samanta Mr. Keshab Ch. Das.

...for the State-respondents.

Ms. Manali Biswas.

...for the respondent nos.6 to 12.

Affidavit-of-service so filed by the petitioners be kept with the record.

Petitioners contends that they being lawyers their chambers have been blocked at the behest of the private respondent nos.6 to 12.

Learned advocate for the private respondent nos.6 to 12 disputes such contentions.

Both the parties claim to be owners of the said premises.

A report has been submitted on behalf of the State which reflects that Berhampore PS Case No.345 of dated 10.03.2024 was registered for investigation and subsequently charge-sheet was submitted before the jurisdictional court on or about May, 2024.

As the jurisdictional criminal court is in seisin of the matter and it has been complained by the learned advocate appearing for the petitioners that the chamber is under lock and key which has been at the instance of the police authorities, I direct that the petitioners would be at liberty to approach the jurisdictional court in seisin of Berhampore PS Case No.345 of 2024 for advancing their claim for opening up the chamber. A notice be issued upon the private respondents. Learned Judicial Magistrate in seisin of the matter would hear all the necessary parties including the State and thereafter within a period of two months from the date of filing of such application would dispose of the same in accordance with law.

With the aforesaid observations, WPA 24908 of 2024 is disposed of.

There will be no order as to costs.

A copy of the report be handed over to the learned advocate appearing for both the parties. Report submitted by the learned advocate for the State be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)