Rajesh Roy v. State Of West Bengal And ORS.

OD-5 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPO/2854/2022 RAJESH ROY VS STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE ANIRUDDHA ROY Date : 18th OCTOBER, 2022.

[VACATION BENCH] Appearance:

Mr. Asis Bhattacharyya, Adv.

...for the petitioner.

Mr. Naba Kumar Das, Adv.

Mr. Subhabrata Das, Adv.

...for state respondent.

The Court : The writ petitioner claims that despite a complaint dated October 6, 2021, Annexure P-1 to the writ petition being lodged, the police authorities have not taken any steps in the matter. Mr. Naba Kumar Das, learned State Counsel submitted a report dated October 17, 2022 prepared and signed by the Officer-in-Charge, Posta Police Station. From the nature of the writ petition and the averments made therein and from the report of the police authority, it appears that the disputes are purely civil in nature. A copy of the said report is taken on record. The cause of action in the writ petition is based upon default in paying off a loan amount.

Considering the rival contentions of the parties and on perusal of records it appears that, a private loan transaction, which is the dispute is

civil in nature, this writ petition is not maintainable. Inasmuch as the police authority has also complied its obligation by furnishing a report. In view of the above, this writ petition being WPO No.2854 of 2022 stands dismissed without any order as to costs. (ANIRUDDHA ROY, J.) A.Dey /SK.