Vinay Kumar v. State Of West Bengal And ORS.

29.03.2023 Court No.13 Jalpaiguri Item No.1 AP HIGH COURT AT CALCUTTA

IN THE CIRCUIT BENCH AT JALPAIGURI

WPA 695 of 2023 Vinay Kumar Vs.

The State of West Bengal and Ors.

Mr. Suddhasatva Banerjee Mr. Nabankur Paul ... For the Petitioner.

Mr. Amitesh Banerjee Mr. Suddhadev Adak ... For the State.

The petitioner is aggrieved that Kotwali Police Station, Jalpaiguri has not registered FIR in respect of a complaint dated 3rd March, 2023.

Learned senior counsel for the State, Mr. Amitesh Banerjee, has produced a report in the form of instructions dated 28th March, 2023 issued by the Inspector-in-Charge, Kotwali Police Station, Jalpaiguri addressed to the learned State Advocates and the same is taken on record.

It appears from the report that there are five several FIRs already registered by the police against the private respondents. Likewise private respondents have also complained against the petitioner, which has been registered as FIR.

Let the investigation into the FIR against the petiitoner be completed as expeditiously as possible, preferably within a period of three months from date.

In respect of the complaint of the petitioner, which is the subject matter of the instant writ petition, the petitioner may move before the concerned magistrate under Section 156(3) of the CrPC.

There is a long standing civil dispute between the petitioner and the private respondents in respect of a plot of land surrounded by water. The civil dispute may be adjudicated before an appropriate civil forum. Kotwali Police Station, Jalpaiguri shall maintain regular vigil over the locale and ensure that there is absolutely no breach of peace in the area.

With the aforesaid directions, the writ petition is disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)