Single judge disposed of a writ petition alleging police inaction following a magistrate's peace order. The court held the petitioner abused process by resorting to writ jurisdiction after exploring Section 156(3) CrPC remedies, noting existing orders should suffice.
Petition disposed of; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
06 10.12.2020 . mb
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
W.P.A. No. 10071 of 2020 (Through Video Conference)
Sanjut Sutradhar -versus
The State of West Bengal & Ors.
Mr. Jyoti Prakash Chatterjee …for the petitioner
Mr. Pantu Deb Roy,
Mr. Anand Fermania
…for the State
Mr. Ayan Banerjee, Mr. Omar Faruk Gazi …for the private respondents
The grievance of the petitioner is that, despite an order of a Magistrate dated September 15, 2020 for the local police to maintain peace in the area and prevent unlawful activity on the plot area-in-question, the police is not taking any action in consonance with the same.
Learned counsel appearing for the Staterespondents files a report and places reliance on an annexure thereto, which indicates that the petitioner already moved the appropriate forum under Section 156(3) of the Criminal Procedure Code and obtained an order for the police to comply with the order dated September, 15, 2020.
In such view of the matter, the writ petitioner has caused an abuse of the process of law by taking out the
2
present writ petition despite having explored the adequate alternative legal remedy before the appropriate legal forum.
In any event, since there already subsist two orders passed by different legal forums, it is expected that the police authorities shall take appropriate steps in compliance with the said orders.
W.P.A. No. 10071 of 2020 is disposed of with the above observations.
There will be no order as to costs.
Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.
(Sabyasachi Bhattacharyya, J.)
1 issue framed by the court
Whether the petitioner abused the process of law by filing a writ petition after already seeking remedies under Section 156(3) CrPC.
Sanjut Sutradhar
The State of West Bengal
Sabyasachi Bhattacharyya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
