Moutusi Dutta And ANR. v. State Of West Bengal And ORS.

21.03.2025 Sl. No.20 Ct. No.15 S.A.

WPA 30380 of 2024 Moutusi Dutta & Anr.

-vsThe State of West Bengal & Ors.

Ms. Debjani Sengupta Ms. Shrayashee Das Mr. Rohan Kumar Thakur Mr. Tridibesh Dasgupta ...for the petitioners Mr. Nilay Sen Gupta ...for respondent nos.6 & 7 Mr. Swapan Banerjee Mr. Akash Dutta ...for the State The petitioners allege police inaction. The petitioners claim that they entered into an agreement for sale in respect of a flat with a garage in a building at 75/1, Pandit Madan Mohan Malviya Sarani, Kolkata-700020.

It is the grievance of the petitioners that despite payment, respondent nos.6 and 7, the promoter of the building, did not transfer the flat by executing a sale deed.

Though the petitioners lodged a complaint before the police, the police did not take any step. The Police have, however, submitted a report before this Court. It appears that a case has already been registered as Ballygunge Police Station Case No.202 dated December 22, 2024, under Sections 120B/420/406 of the Indian Penal Code, and the investigation is going on.

Respondent nos.6 and 7, however, submit that they filed CRR 1333 of 2025 for quashing the said case.

In view of the aforesaid, I am not inclined to keep this writ petition pending.

The police should complete the investigation as expeditiously as possible.

However, this order is subject to any order that may be passed in CRR 1333 of 2025.

Accordingly, WPA 30380 of 2024 is disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities.

(Kausik Chanda, J.)