Calcutta High Court (Appellete Side)
Md. Idris Mallick & Anr vs The State Of West Bengal & Ors on 24 August, 2021
Author: Debangsu Basak
Bench: Debangsu Basak
24.08.2021
Ct. No. 8
9
sdas
W.P.A 12432 of 2021
Md. Idris Mallick & Anr.
Vs.
The State of West Bengal & Ors.
(Via Video Conference)
Mr. Subir Sanyal
Mr. Sounak Bhattacharya
Mr. Sounak Mondal
..... for the petitioners
Mr. Jishnu Chowdhury
Ms. Amrita Panja Moulick
.... for the State
Mr. Mayukh Maitra
Mr. Rajesh Naskar
..... for respondent no 4
The petitioners seek a direction upon the police to register a complaint of the petitioners dated June 26, 2021 as a First Information Report and to conduct investigation thereon.
Learned advocate appearing for the petitioners submits that there are at least three civil suits pending between some of the private parties. There are two politicians involved in the property. The private parties who are politicians, are hand in glove with other private respondents and are running a club and party office from the premises concerned in which there are orders passed by the civil court. He 2 relies upon the photographs to contend that a slaughter house is functioning despite order of injunction passed by the civil court. He relies upon further documents and contends that the slaughter house was running till at least 2021. He contends that when the police visits there, the private respondents and their supporters leave the premises along with all equipments so as to present a picture that nothing is happening there.
State and private respondent no. 4 are represented.
Learned advocate appearing for the State submits that the police registered three complaints. Of the three complaints, in the first one final report was submitted. Reinvestigation is presently in progress. In the second complaint also reinvestigation is in progress. So far as the third complaint is concerned, a charge-sheet was submitted.
Learned advocate appearing for the private respondent no. 4 submits that three civil suits are pending for violating the order passed by the civil court. He seeks direction for filing affidavits.
There is a complaint to the police dated June 26, 2021. The complaint speaks of the civil proceedings as also the order passed therein. The complaint claims that on June 20, 2021 a private 3 respondent alongwith anti-socials forcibly entered into the godown by breaking the wooden door and established a party office of a particular party. The complaint also records that the slaughter house business being continued at the premises.
The complaint dated June 26, 2021 discloses of commission of offence. The police will register the complaint dated June 20, 2021 as First Information Report and that investigate thereon.
So far as the violation of the orders passed by the civil court is concerned, it would be open to the parties to approach the relevant court with regard to such violation, if so advised.
Let affidavit-in-opposition be filed within four weeks from date; reply thereto, if any, be filed within two weeks thereafter.
The writ petition will be treated as ready for hearing immediately on completion of the time stipulated for filing affidavits.
Liberty to mention.
(Debangsu Basak, J.)