Ramen Mallick v. The State Of West Bengal And ORS.

26.09.2024 Item No.33 Court No.1 CHC (dismissed) Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side MAT 59 of 2024 Ramen Mallick Vs.

The State of West Bengal & ors.

Mr. Jaydeep Kanta Bhowmik, Advocate Mr. Shubham Kumar, Advocate Ms. Sayantani Das, Advocate ...for the appellant

1. Appeal is directed against the order dated June 14, 2024 passed in WPA No. 2414 of 2023.

2. By the impugned order learned Single Judge found that the police authorities registered First Information Report, arrested the accused and also concluded the investigation.

3. Police filed charge-sheet.

4. In such circumstances, learned Single Judge found that grievance of the petitioner was addressed and therefore, disposed of the writ petition by keeping the open the issue of the appellant being aggrieved by the contents of the charge-sheet and the sections incorporated.

5. Learned Single Judge in fact allowed the appellant to approach the jurisdictional Court on such issue.

6. Learned advocate appearing for the appellant submits that, appellant approached the Writ Court on two fold grounds. One ground was the police complaint and the second was subsequent conduct of the private opposite parties in respect of which, another police complaint was lodged. He submits that, after the first police complaint was registered a First Information Report where the accused was arrested and obtained bail and such accused proceeded to threaten the petitioner whereupon, petitioner lodged a second police complaint inter alia under Section 195A of the Indian Penal Code, 1860. The second police complaint was not addressed by the learned Single Judge.

7. We are not minded to interfere with the impugned order.

8. Learned Single Judge took notice of the fact that initially complaint was recorded as an FIR by the police and charge-sheet submitted. So far as the second complaint is concerned, the same is an offshoot of first one. Such second police complaint may take the recourse in accordance with law. A Writ Court need not interfere thereon.

9.

In such circumstances, we find no merit in the present appeal.

10. MAT 59 of 2024 is dismissed without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)