Neel Kamal Chatterjee v. State Of West Bengal And ORS.

28-02-2023 ct no. 13 Sl.26 sp WPA 29061 of 2022 Sri Neel Kamal Chatterjee -VersusThe State of West Bengal & Ors.

Mr. Asim Hati, Ms. Nandini Sharma, Ms. Sneha Chatterjee ....for the petitioner Mr. Dyutimoy Paul, Mr. S. Saha ...for the respondent no.7 The petitioner is aggrieved by alleged inaction on the part of the Burtolla Police Station, Shyampukur Police Station and Belghoria Police Station. The petitioner has complained against one Anindita Das, who was an actress in the Opera House.

The Burtolla Police Station, Shyampukur Police Station and Belghoria Police Station have filed reports dated 28.02.2023, 13.02.2023 and 06.02.2023, which are taken on record.

It appears from the report of the Burtolla Police Station that the private respondent has filed a complaint against the petitioner, which has been registered as FIR being Burtolla PS Case No. 22 dated 08.02.2023 under Sections 354/509/506 of the IPC. Prior thereto, the petitioner has already filed a civil

suit for injunction against the private respondent from acting or working for any other Opera House. The petitioner claims that the private respondent has committed breach of contract and has made a false claim against him.

This Court is of the view that the petitioner's complaint has not been registered as FIR and rightly so since it does not disclose any cognizable offence. Since the petitioner has effective alternative remedy under Section 156(3) of the Cr. P.C., the writ petition shall stand disposed of without any order.

There shall be no order as to costs.

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

(Rajasekhar Mantha, J.)