Rafikul Hassan Sekh v. State Of West Bengal And ORS.

25.04.2024 WPA 26798 of 2023 Rafikul Hassan Sekh -vs- The State of W. B. & ors.

Mr. Debapratim Guha Mr. Samrat Paul ...for the petitioner Mr. Suman Sengupta Ms. Amrita Panja Moulick ...for the State Learned counsel appearing on behalf of the petitioner ssi Ct 14 submits as follows. The petitioner's brother was the licensee of a shop room. But, the petitioner was running the business. Suddenly the wife of the brother came and stole away articles from the shop. The petitioner lodged an FIR. The police is not investigating the case properly. Learned counsel appearing on behalf of the State relies on the report and submits that in connection with Katwa Police Station Case No. 476 dated 23.05.2023 started by the petitioner under Sections 447 and 379 of the Penal Code, a final report being FR No. 952 dated 15.11.2023 has already been submitted.

From the documents appended to the writ petition, it cannot be inferred that the petitioner was running the shop in question. This writ petition involves disputed questions of fact.

Therefore, no further order need be passed in this

regard.

With these observations, the writ petition is disposed of.

However, there shall be no order as to costs. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)