Calcutta High Court (Appellete Side)
Smt. Arpita Sarkar(Roy) vs The State Of West Bengal & Ors on 13 December, 2011
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
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In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon'ble Mr. Justice Jayanta Kumar Biswas.
W.P.No. 19674 (W) of 2011
Smt. Arpita Sarkar(Roy)
v.
The State of West Bengal & Ors.
None
... for the petitioner.
Heard on: December 13, 2011
Judgment on: December 13, 2011.
The Court: The WP dated November 22, 2011 has been filed mentioning one " West
Bengal Police Act, 1873", meaning thereby that the issues therein are to be decided applying the
provisions of such Act.
The petitioner is seeking the following principal relief:
"a) A Writ in the nature of mandamus commanding the respondent
authorities specially the respondent no. 2,3, and 4 and their subordinate officers and staffs to take appropriate legal steps against the respondent nos. 5,6,7 and 8 and their associates after proper inquiry so that your petitioner may get back all her stridhan property as per complain with the respondent no.4 and 5 and also takeappropriate legal steps against the respondent no.7,8 and their family members regarding the abovesaid iss-ue after re-investigation which was not done properly and fairly by the respondent nos, 5,6 and others in accordance with law violating the existing law of the Criminal Procedure Code;"
It is evident that the WP has been filed casually referring to an imaginary Act. No Act titled" West Bengal Police Act,1873" exists. Besides, in my opinion, the petitioner's remedy, if any, was before the Civil and Criminal Courts. I do not find any reason to interfere in the matter in exercise of power under art.226.
For these reasons, the WP is dismissed. No costs. Certified xerox.
sh (Jayanta Kumar Biswas,J)
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