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Sarwan Singh Virdi @ Sarwan Singh vs The State Of West Bengal & Ors on 25 June, 2019

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IN THE HIGH COURT AT CALCUTTA
25-06-2019 Constitutional Writ Jurisdiction
Appellate Side
Subrata

W.P.No.8775(W) of 2019
Sarwan Singh Virdi @ Sarwan Singh
-vs-
The State of West Bengal Ors.

Mr. Soumyadeep Das …for the petitioner

Ms. Paramita Pal …for the State

Mr. Gopal Chatterjee …for the respondent no.4

The petitioner complains of police inaction.

Learned advocate appearing for the petitioner
submits that, despite a complaint dated April 8, 2019
lodged with the police disclosing the commission of
cognizable offences, the police have not taken any steps;
and that subsequent thereto, the private respondent
initiated proceedings under Sectionsection 498A IPC against the
petitioner. It is also submitted that the private
respondent is misutilising the property concerned, and
that the private respondent is coercing the petitioner to
part with the title of the property. According to learned
advocate, there is an attempt to extort the property from
the petitioner.

The State and the private respondent are
represented.

Learned advocate appearing for the private
respondent denies all the allegations made against the
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private respondent. He submits, on instructions, that the
private respondent is utilising the flat as a saloon after
obtaining no-objection from the petitioner.

Learned advocate for the State submits, on
instructions, that the complaint dated April 8, 2019 has
been registered as a General Diary Entry.

In the complaint dated April 8, 2019 the petitioner
alleges extortion and coercion as against the private
respondent. The police shall, therefore, treat the
complaint dated April 8, 2019 as an FIR and commence
investigation thereto.

It is made clear that none of the observations
made in this order will prejudice to any of the parties in
the investigation. The police are at liberty to arrive at
their conclusion on the FIR and submit their findings on
the matter jurisdiction Court.

WP No.8775(W) of 2019 is accordingly disposed of.
No order as to costs.

Certified website copy of this order, if applied for,
shall be given to the parties.

[Debangsu Basak, J]
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