Calcutta High Court (Appellete Side)
M/S. Krishna Traders & Anr vs The State Of West Bengal & Ors on 20 February, 2024
11
20.02.2024
Ct. No. 654
SB
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A. 3193 of 2024
M/s. Krishna Traders & Anr.
-versus
The State of West Bengal & Ors.
Mr. Arijit Chakraborti
Mr. Nilotpal Chowdhury
Mr. Prabir Bera
Mr. Dipak Sharma ...For the Petitioners
Mr. Sirsanya Bandopadhyay,
Mr. Arka Kumar Nag ... For the State
Affidavit of service filed by the petitioners is taken on record.
Mr. Arijit Chakraborti, learned advocate appearing on behalf
of the petitioners submits that the issues involved in the present
writ petition are similar to the issues involved in the writ petition
being W.P.A. 23724 of 2023. He seeks that this writ petition be
heard along with the writ petition being W.P.A. 23724 of 2023.
Mr. Sirsanya Bandopadhyay, learned advocate appearing
on behalf of the State respondent submits that by filing this
present writ petition, the petitioner has in a way challenged the order of the criminal court which is not permissible under Article 226 of the Constitution of India. To buttress his contention he relies upon in the decision of Indrani Chakraborty versus State of West Bengal reported in (2014) SCC online Calcutta 17573 [equivalent citation: (2015) 1 CHN page 44]. The present writ petition, is therefore, not maintainable. He seeks time to file affidavit-in-opposition to this writ petition. 2 Let affidavit-in-opposition be filed by State-respondents within two weeks from date. Reply thereto, if any, be filed within two weeks thereafter.
It is informed by learned advocate for the petitioner that affidavit-in-opposition is yet to be filed in WPA 23724 of 2023.
In such premise, after the affidavits are exchanged in the instant petition, the matter would appear along with WPA 23724 of 2023.
The point of maintainability is kept open to be decided at the time of final disposal of the writ petition.
Let the matter appear after four weeks under the heading 'Hearing (Group-VIII)'.
(Bivas Pattanayak, J.)