Bijay @ Bijoy Das v. The State Of West Bengal And ORS

29.01.2024 d.p.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A 115 of 2024 Sri Bijay @ Bijoy Das -versus The State of West Bengal & Ors.

Mr. Rajesh Kumar Sharma, Mr. Deborshi Dhar, Mr. Jannardan Periwal.

...For the Petitioner.

Mr. Subir Kumar Saha, AGP, Ms. Rima Sarkar.

...For the State.

The petitioner prays for a direction upon the respondents to reinvestigate Bhaktinagar P.S. Case No. 897 of 2023 dated 7th October, 2023.

Copy of the impugned order passed by the Learned Chief Judicial Magistrate at Jalpaiguri in connection with the aforesaid case on 1st November, 2023 is not annexed to the writ petition.

The Court is of the opinion that the relief sought for by the petitioner may be availed of before a different forum but not under the writ jurisdiction of this Court. In view of the above, no relief can be granted to the petitioner in the instant writ petition.

The writ petition fails and is hereby dismissed.

Dismissal of the writ petition will, however, not stand in the way of the petitioner from approaching the appropriate forum for relief, if permissible in law. The report filed by the Inspector-in-Charge Bhaktinagar Police Station be retained with the records. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)