Calcutta High Court (Appellete Side)
( Chinmoy Nandi vs The State Of West Bengal & Ors. ) on 16 September, 2010
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
ah (04) 16.09.2010 M. A. T. No. 1018 of 2010
with
C. A. N. 6844 of 2010
( Chinmoy Nandi -vs- The State of West Bengal & Ors. )
Mr. Asish Sanyal,
Ms. Mrinmoyee Roy Chowdhury
... for the appellant.
Mr. Writick Pattyanayak
... for the State-respondents.
Instead of disposal of the application, we propose to hear out the appeal itself by treating it as on day's list as the appeal can be disposed of on a pure question of law. This appeal is at the instance of an unsuccessful writ- petitioner and is directed against an order dated 22nd June, 2010 passed by a learned Single Judge by which His Lordship refused to entertain the writ-application filed by the appellant principally on the ground of existence of efficacious alternative remedy which the writ-petitioner had already availed of.
Being dissatisfied, the writ-petitioner has come up with the present mandamus appeal.
It appears that the grievance of the writ-petitioner was that although he has lodged complaint before the police authority against his wife and some other persons, the police was not taking any action.
2The learned Single Judge has pointed out that the writ- petitioner has already approached the learned Magistrate and a proceeding has been initiated.
The learned Advocate appearing on behalf of the State- respondents has drawn our attention to the fact that pursuant to the complaint lodged by the writ-petitioner, a case under Section 504/323/506(ii)/387/34 of the Indian Penal Code has been initiated and a proceeding under Section 125 of the Code of Criminal Procedure is also pending before the learned family court. In view of the fact that the writ-petitioner had already approached the concerned Magistrate under the provisions of Code of Criminal Procedure, we find that in the facts of the present case, the learned Single Judge rightly refused to entertain the writ-application at this stage. We find no reason to interfere with the just discretion exercised by the learned Single Judge. The mandamus appeal is devoid of any substance and is dismissed. We make it clear that we have not otherwise gone into the merit of the dispute and dismissal of this appeal will not stand in the way of the writ-petitioner in seeking appropriate remedy before appropriate forum in accordance with law.
3
In view of dismissal of the appeal itself, the connected application being CAN 6844 of 2010 has become infructuous and the same is disposed of accordingly. Xerox certified copies of this order, if applied for, be given to the parties within a week from the date of making of such application upon compliance of all requisite formalities.
( Bhaskar Bhattacharya, J. ) ah ( Dr. Sambuddha Chakrabarti, J. )