Calcutta High Court (Appellete Side)
Dr. Shamima Khatun vs The State Of West Bengal & Ors on 5 August, 2011
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
Present : The Hon'ble Mr Justice Jayanta Kumar Biswas
W.P.No.12841(W) of 2011
Dr. Shamima Khatun
-vs-
The State of West Bengal & Ors.
Mr. Nirmalendu Bera
Mr. Gora Chand Samanta ....for the petitioner
None ....for the respondents
Heard on : August 5, 2011 Judgment on : August 5, 2011 The Court : The petitioner in this art.226 petition is alleging that the official respondents have not taken cognizance against the private respondents who have committed offence.
In my opinion, the petitioner's remedy, if any, was before the Civil and Criminal Courts.
In the complaint dated July 26, 2011 (at p.32) the petitioner has alleged as follows:
"That suddenly the opposite parties forcibly trying to enter into the said home as well as the property in question with the help of other roudy persons and always trying to grab the said property forcibly without having any right, title and interest. That the opposite parties with the help of the other roudy persons unlawfully assemble with each other armed with deadly weapons forcibly entered into the said property and always threatening my brother Imtiyaz Ahmed Khan and their family members with dire consequence even to assault them with bleeding injury with the malafide intention to grab the said property."
When the police decided not to register any FIR, in my opinion, instead of approaching the High Court under art.226, the petitioner ought to have approached the Criminal Court with complaint examining which the Criminal Court could consider the question of passing an order either under s.156(3) or s.190 CrPC.
For these reasons, the petition is dismissed. No costs. Certified xerox.
(Jayanta Kumar Biswas, J) sb