Jorge Ali Sk v. State Of West Bengal And ORS.

Sl.No.

12.12.2024 WPA 28747 of 2024 Court No. 35 G.S.Das Jorge Ali Sk.

-VsThe State of West Bengal & Ors.

Mr. N. I. Khan Mr. Amlan Kumar Mukherjee ... for the Petitioner(s) Mr. K. J. Yusuf, ld. AGP Mr. Parikshit Goswami ... for the State-respondent(s) Mr. Arkadipta Sengupta Ms. Aayushi Mukherjee ... for the private-respondent(s) Affidavit-of-service so filed be kept with the record.

The petitioner is aggrieved by the fact that pursuant to the complaint, Usthi P.S. Case No. 103/2024 was registered for investigation as the petitioner's shop room was demolished and, materials worth Rs.50,000/- as also cash of Rs.10,000/- were looted from his shop room.

Learned advocate appearing for the petitioner submits that there was

threatening of dire consequences by the private respondents and the petitioner presently, is also not being allowed to run his shop room.

Learned advocate submits that the petitioner may be allowed to run his business from said shop room concerned.

Learned advocate for the State submits a report, which reflects that the investigating authority on conclusion of investigation in connection with aforesaid case referred to by the petitioner has already submitted charge-sheet before the learned jurisdictional court.

In report of police authorities, although, it has been referred regarding the statements being recorded of different witnesses but, there is no information to the effect that whether efforts were taken for recovery of the

materials, which have been complained of by the petitioner.

Learned advocate for respondent nos. 5, 6 and 7 submits that the shop room belongs to them and they have title in respect of the said property.

Be that as it may, this court will not enter into the domain of right, title and interest in respect of any property.

However, if petitioner is aggrieved regarding the investigation which has been carried out by the Usthi Police Station, particularly, with regard to recovery of the materials, in that case, the petitioner would be at liberty to file an application under Section 173(8) of the Cr.P.C. before the learned jurisdictional court.

If the petitioner feels insecure because of the act and activities of the

private respondent(s), the petitioner will apply before the Learned Magistrate for alteration and/or modifying the conditions imposed while the private respondents were granted bail.

The learned Magistrate, if he/she deems fit and proper, in circumstances, may direct the accused persons(s) to stay outside the jurisdiction of the concerned police station.

With the aforesaid observations, WPA 28747 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.

Since affidavits have not been invited, the allegations made in the writ petition are deemed not to have been admitted.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)