Joshine Antony And ANR v. State Of West Bengal And ORS

11.03.2020 Court No.2 DC CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI APPELLATE SIDE WPA 626 of 2020 Joshine Antony & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Raju Gupta Mr. Kollil Ghosh..........for petitioner Mr. Debabrata Dhar Mr. Hirak Barman Mr. Momenur Rahaman Mr. Bedashruti Bose Ms. Paramita Ghosh.....for State The issue involved in this writ petition, though is police in-action but on a reading of the petition, it appears that a Social Worker is espousing the cause of illegal cattle trading and an enquiry as to the information allegedly given by him and for other directions to the police personnel.

It is admitted position the police has registered a complaint and a criminal case has been registered after seizure of several vehicles carrying the cattle. The Criminal Court is bound to follow the relevant laws and as such the apprehension of the petitioner is unfounded in this regard.

In any event, the issue cannot be gone into in a writ petition filed by the foundation for police inaction primarily because of the locus of the petitioner and the matter involves several districts including the border areas which is not only a sensitive issue but of national importance.

This cause of the petitioner can, however, be espoused in a properly constituted public interest litigation, if the petitioner is so advised.

Let the writ petition be dismissed for nonprosecution as the petitioner intends to withdraw the same.

There shall, however, be no order as to costs. Urgent certified Photostat copy of this order, if applied for, be supplied to the parties upon observance of requisite formalities.

(Arindam Mukherjee, J. )