Daulat Sekh v. State Of West Bengal And ORS.

59. 10.02.2025 Court No.26.

(Pritam) MAT 2314 of 2024 with CAN 1 of 2024 Daulat Sekh -Vs.- The State of West Bengal & Ors.

Ms. Juin Dutta Chakraborty, Mr. Bidhan Modak ...for the appellant/petitioner.

Mr. Lalit Mohan Mahata, Ld. A.G.P., Mr. Prasanta Behari Mahata ....for the State.

Mr. Supratim Dhar, Sr. Adv., Mr. Santimay Bhattacharyya, Mr. Anirban Das ...for the respondent nos.3 & 4.

1. Appeal is directed against an order dated November 29, 2024 passed in WPA 27018 of 2024.

2. Appeal is at the behest of the writ petitioner. Appellant is aggrieved by a direction in the impugned order, requiring the State to file criminal complaints against the appellant.

3. An interim order dated January 2, 2025 was passed by us in the present appeal, which kept the direction for filing criminal complaints against the appellant in abeyance.

4. Court is informed that the writ petition is yet to be finally decided.

5. Materials placed on records suggest that the appellant received part payments in terms of the orders passed by the High Court by an earlier round of litigation.

6. We, therefore, set aside the direction contained in the impugned order dated November 29, 2024, the State to file criminal complaints against the appellant.

7. Since the writ petition is yet to be finally decided all points raised by the parties are kept open, including the issue as to the requirement, if there be any, of filing criminal complaints against the writ petitioner.

8. MAT 2314 of 2024 is disposed of along with the connected application being CAN 1 of 2024 without any orders as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)