Baidyanath Ghosh v. State Of West Bengal And ORS.

08.04.2021 p.b.

Sl. No.7.

W.P.A. 10268 of 2020 (via Video Conference) Baidyanath Ghosh Vs.

The State of West Bengal & Ors.

Mr. Manas Kumar Das.

........for the petitioner.

Mr. P. S. Ghosh.

.......for the private respondent.

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

It has been submitted by the learned advocate for the petitioner that the respondents have been duly served. In spite of service, none appears for the respondents excepting the private respondents.

The petitioner alleges that the private respondents forcefully entered into the agricultural lands of the petitioner with some deadly weapons and extracted the crops cultivated by him. The petitioner accordingly made a complaint to the police authorities. The writ petition was filed alleging police inaction. The learned advocate for the petitioner, in course of hearing, however, submits that in the meantime, an FIR being No.359 of 2020 dated December 10, under Sections 427/323/ 325/506/34 of the Indian Penal Code has been registered

by the Burwan Police Station in the district of Murshidabad on the complaint lodged by the petitioners. The learned advocate appearing for the private respondents submits that the petitioner herein has made false allegation against the private respondents in order to implicate them in the criminal case.

Since an FIR has already been registered on the basis of the complaint made by the petitioner herein, the investigating authorities are directed to conclude the investigation as expeditiously as possible.

With the above observations, W.P.A. 10268 of 2020 is disposed of without however any order as to costs. Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible.

(Hiranmay Bhattacharyya, J.)