Sanjut Sutradhar v. State Of West Bengal And ORS.

10.12.2020.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 10071 of 2020 (Through Video Conference) Sanjut Sutradhar -versus The State of West Bengal & Ors.

Mr. Jyoti Prakash Chatterjee ...for the petitioner Mr. Pantu Deb Roy, Mr. Anand Fermania ...for the State Mr. Ayan Banerjee, Mr. Omar Faruk Gazi ...for the private respondents The grievance of the petitioner is that, despite an order of a Magistrate dated September 15, 2020 for the local police to maintain peace in the area and prevent unlawful activity on the plot area-in-question, the police is not taking any action in consonance with the same. Learned counsel appearing for the Staterespondents files a report and places reliance on an annexure thereto, which indicates that the petitioner already moved the appropriate forum under Section 156(3) of the Criminal Procedure Code and obtained an order for the police to comply with the order dated September, 15, 2020.

In such view of the matter, the writ petitioner has caused an abuse of the process of law by taking out the

present writ petition despite having explored the adequate alternative legal remedy before the appropriate legal forum.

In any event, since there already subsist two orders passed by different legal forums, it is expected that the police authorities shall take appropriate steps in compliance with the said orders.

W.P.A. No. 10071 of 2020 is disposed of with the above observations.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)