Calcutta High Court (Appellete Side)
Smt. Sampa Dutta vs The State Of West Bengal & Ors on 20 February, 2024
16
20.02.2024
Ct. No. 654
SB
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A. 3874 of 2024
Smt. Sampa Dutta
-versus
The State of West Bengal & Ors.
Mr. Arijit Chakraborti
Mr. Nilotpal Chowdhury
Mr. Prabir Bera
Mr. Dipak Sharma ...For the Petitioner
Ms. Sonal Sinha
Ms. Ashmita Ghosh ... For the State
Affidavit of service filed by the petitioners is taken on record.
Mr. Arijit Chakraborti, learned advocate appearing on behalf
of the petitioner 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.
Ms. Sonal Sinha, 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 her contention she 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. She 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.)