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Calcutta High CourtWPA/10126/2020dismissed

Dina Nath Shaw @Dinanath Shaw v. State Of West Bengal And ORS.

2020-12-11Hon'Ble Justice Sabyasachi Bhattacharyya1 pages

11th December, (AK) W.P.A. 10126 of 2020 Dina Nath Shaw @ Dinanath Shaw Vs.

The State of West Bengal & Ors.

Mr. Bibek Chattejee ...For the Petitioner.

Mr. Susanta Kumar Pal ...For the Respondent No.5.

The petitioner ventilates a grievance as regards alleged police inaction despite the subsistence of an order of the concerned Executive Magistrate under Section 144(2) of the Criminal Procedure Code.

However, since there is an equally alternative efficatious remedy in the form of Section 156(3) of the Code, W.P.A. 10126 of 2020 is dismissed as not maintainable. Liberty is granted to the petitioner to approach the appropriate forum with the self-same grievances as made out in the writ petition.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities (Sabyasachi Bhattacharyya, J.)