Calcutta High Court (Appellete Side)
Sri Sanjoy Agarwal vs State Of West Bengal & Ors on 25 April, 2013
Author: Dipankar Datta
Bench: Dipankar Datta
1
58 25.4.13
Sc W. P. No. 11494 (W) OF 2013
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Sri Sanjoy Agarwal
-vs.-
State of West Bengal & Ors.
Mr. Mukteswar Maity Mr. Shibendu Patra.
....For the Petitioner.
Mr. Amitesh Banerjee Ms. Munmun Tiwary.
....For the State.
Mr. Debasish Roy Mr. Debnath Mahata.
.....For the Respondent No.5.
Having heard Mr. Maity, learned advocate for the petitioner and considering the order passed by the Executive Magistrate in proceedings under Section 144(2) of the Code of Criminal Procedure, I am of the view that the Magistrate has correctly observed that the remedy of the petitioner lies in approaching the civil court for relief. It is also evident from the submissions of Mr. Roy, learned advocate for the private respondent that a suit, in fact, has been instituted in the first week of this month and that the same is pending. Whatever right the petitioner seeks to assert in respect of the property in dispute may be raised before the civil court for a decision. No case for interference for a direction on the police to secure the property of the petitioner has been set up. The police shall, however, ensure that as a result of the dispute between the private parties, there is no commission of crime and loss of lives and limbs at the locale.
The writ petition is dismissed, without costs.
This order shall not preclude the petitioner to raise all points in support of his claim before the civil court and the same shall be considered and disposed of without being influenced by reason of dismissal of this writ petition.
Urgent photostat certified copy of this order, if applied for, be furnished expeditiously.
(Dipankar Datta,J.)