Kalayani Patra v. State Of West Bengal And ORS.

26.07.2021 suvayan WPA 11167 of 2020 Kalyani Patra Vs.

State of West Bengal & Ors.

(via Video Conference) Mr. Arindam Jana ......For the petitioner Mr. Himadri Sikhar Chakraborty Mr. Debdooti Dutta ....... For the State Petitioner complaints of police in action.

Learned advocate appearing for the petitioner submits that there subsists an order of injunction passed by a Civil Court. The Civil Court also directed the police take certain steps. He submits that of the complaints, two complaints of November 14, 2020 and November 16, 2020 were not taken into consideration by the police.

Learned advocate appearing for the State on the basis of written instruction submits that so far as the complaint dated November 14, 2020 is concerned the same was enquired into and prosecution under Section 107 of the Criminal Procedure Code submitted.

Apparently, the police did not receive the complaint dated November 16, 2020. At least, there is nothing on record to substantiate that the police received the same. So far as the other complaints of the petitioner dated November 14, 2020 is concerned, the police submitted the

prosecution under Section 107 of the Criminal Procedure Code.

The Civil Court is in seisin of the disputes between the private parties. The written instructions of the State demonstrate that there are complaints and counter complaints by the private parties. The police took steps on the basis of the complaints received from the private parties.

In such circumstances, further interference by a writ court is not called for. The private parties are at liberty to avail of their remedies before the appropriate forum. WPA 11167 of 2020 is disposed of accordingly. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Debangsu Basak, J.)