Petitioner challenged lack of police cognizance and disturbance of land cultivation. Court held effective alternative remedy available under Section 156(3) Cr.P.C. and directed police to ensure local peace.
WPA disposed of; police directed to ensure no breach of peace.
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13.06.2023 Item No.19. Court No.13. AB
WPA No.550 of 2023
Papan Kumar Mondal Vs
The State of West Bengal & Others
Mr. Anjan Bhattacharya, Mr. Sandip Kr. Mondal, Ms. Anita Shaw, Ms. Taniya Khatun …for the Petitioner.
Affidavit of Service filed in Court today be kept on record.
The petitioner is aggrieved that the Hingalganj Police Station has not taken cognizance of a complaint dated December 13, 2022, addressed to the S. P., Basirhat Police District.
The petitioner is aggrieved that the private respondents are disturbing peaceful cultivation of his land.
This Court is of the view that the petitioner has effective alternative remedy under Section 156(3) Cr.P.C. and may avail of the same. The petitioner may also avail of other civil remedies as available in law.
The petitioner may also take out appropriate civil proceedings or statutory proceedings in accordance with law.
Hingalganj Police Station, however, shall ensure that there is no breach of peace in the locality.
2
WPA No.550 of 2023 stands, accordingly,
disposed of.
All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)
1 issue framed by the court
Whether effective alternative remedy exists under Section 156(3) Cr.P.C. for the petitioner's grievance.
1 provisions across 1 enactments
Papan Kumar Mondal
The State of West Bengal
Rajasekhar Mantha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
