Jahar Lal Jana v. State Of West Bengal And ORS.

06.12.2022.

Item No. 2.

Court No.13 ap W.P.A. No. 9346 of 2020 Jahar Lal Jana

Versus

The State of West Bengal & Ors.

Mr. Anil Kumar Chattopadhyay.

..For the petitioner.

Sk. Md. Galib.

...For the State.

Affidavit-of-service filed in Court today be taken on record.

The petitioner is aggrieved by the alleged inaction on the part of the Joypur Police Station, Howrah Rural District.

The instructions of the Officer-in-charge, Joypur Police Station in the form of a report dated 24th November, 2022 addressed to the Government Pleader, High Court, Calcutta be taken on record.

It appears from the said report that the dispute is mainly between the petitioner and the widow of his younger brother.

The petitioner claims that he has been coerced into agreeing to pay sums of money under a family partition arrangement, which he now seeks to reconcile.

This Court notes that the disputes raised are purely civil in nature.

In so far as the allegation that the younger brother committed suicide for being tortured, it appears to this Court that the FIR No. 35 of 2021 dated 4th March, 2021 under Sections 302/34 of the Indian Penal Code against the petitioner and nine other persons. The complaint was filed by the wife of the deceased. Charge-sheet being C.S. No. 134 of 2021 dated 28th July, 2021 under Sections 306/34 of the Indian Penal Code has been filed.

This Court is of the view that the instant proceedings appear to be a counter blast to the same. In view of the above, the instant writ petition must fail and is hereby dismissed with costs assessed at Rs.1,100/- (Rupees one thousand one hundred only) payable by the petitioner to Joypur Police Station.

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

(Rajasekhar Mantha, J.)