Calcutta High Court (Appellete Side)
Pg (Sk. Masudul Anwar vs The State Of West Bengal on 28 January, 2014
Author: Dipankar Datta
Bench: Dipankar Datta
1
52 28.01.2014 W.P.2134(W) of 2014
pg (Sk. Masudul Anwar vs. The State of West Bengal
& Ors.)
Mr. Salauddin Ahamed.......for the petitioner
Mr. Jayanta Banerjee
Mr. Jahar Datta.......for the State
Mr. Rwitendra Banerjee
Mr. Shibasis Chatterjee......for the respondents 4 to 7
The petitioner complains of inaction of the police to act on the basis of his complaint.
On perusal of the instructions furnished to Mr. Banerjee, learned senior Government advocate for the official respondents, the allegation does not appear to be correct. Khanakul Police Station case no. 477 of 2013 dated 19.11.2013 under sections 143/ 448/ 341/ 427/ 379/504/506(2) of the Indian Penal Code, which was registered on the basis of the petitioner's complaint, has resulted in filing of police report under section 173(2) of the Code of Criminal Procedure (hereafter the 'Code') vide Khanakul Police Station Charge Sheet no. 557 of 2013 dated 31.12.2013 under sections 143/448/341/427/504 /506(2) against two accused persons viz. Sk. Sabirul Islam and Nazrul Islam with a prayer for issuance of warrant of arrest against the absconding accused persons.
Due to want of sufficient evidence, charge sheet was not filed against Amirul Islam, Safiul Islam and 2 Kabirul Islam.
It further appears that Sk. Sabirul Islam and Nazrul Islam surrendered before the learned Additional Chief Judicial Magistrate, Arambag on 22.01.2014 and have since been released on bail.
If indeed the petitioner is aggrieved by the police report filed under section 173 of the Code, he ought to approach the Magistrate with a naraji petition under sub section (8) thereof.
Insofar as the dispute regarding the immovable property in question is concerned, the petitioner ought to assert his civil right before the civil court and obtain appropriate relief.
With the aforesaid liberty, the writ petition stands disposed of.
There shall be no order as to costs.
Needless to observe, the police shall maintain law and order to ensure that there is no breach of peace and tranquility in the locale.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously.
(DIPANKAR DATTA,J.)