Supratik Ghosh vs State Of West Bengal & Ors
2022 Latest Caselaw 4311 Cal

18.07.2022

Court No.32 Avijit Mitra

FMA 81 of 2021 with IA No. CAN 1 of 2019 (Old No.CAN 10240 of 2019) with IA No. CAN 2 of 2022

Supratik Ghosh Versus State of West Bengal & ors.

Mr. Tapas Dutta ...for the appellant Mr. Subhabrata Datta, Mr. Sanatan Panja ....for the State

The present appeal has been preferred challenging

an order dated 14th August, 2019 passed in a writ petition

being WP No.15422 (W) of 2019.

Mr. Dutta, learned advocate appearing for the

appellant submits that without considering the

arguments, as advanced on behalf of the appellant/writ

petitioner, the learned Single Judge had abruptly

disposed of the writ petition observing inter alia that the

writ petition itself is not maintainable.

He argues that in the impugned order the learned

Single Judge had not specified the authority whom the

appellant ought to have approached instead of filing of

the writ petition and had also not considered all the

reliefs, as claimed by the appellant.

He submits that the learned Single Judge ought to

have appreciated that alternative remedy cannot be a bar

towards preference of the writ petition.

Mr. Panja, learned advocate appearing for the State

denies and disputes the contention of the appellant.

In connection with the present appeal, the

appellant has filed an application being CAN 2 of 2022 for

consideration of additional evidence and the same is

taken up for hearing along with the appeal.

Records reveal that the appellant filed a complaint

case being Case No.C-4108 of 2011 before the learned

Judicial Magistrate, 2nd Court, Alipore. Alleging that the

said proceeding had been unnecessarily delayed, the

appellant preferred a revision application being CRR No.3

of 2019 which was disposed of by an order dated 5 th

March, 2019 with a direction upon the learned Magistrate

to conduct the proceeding expeditiously. Subsequent

thereto, by an order dated 16th November, 2019, the

learned Magistrate was pleased to discharge the accused

persons. Aggrieved by the said order, the appellant

preferred a revision application being CRR No.188 of

2020. The same was also disposed of by a judgment dated

10th January, 2020 setting aside the order impugned.

We have heard the learned advocates appearing for

the respective parties and considered the pleadings as

well as the reliefs, as claimed in the writ petition.

The principal grievance of the appellant was that

the learned Magistrate had not complied with the order

dated 5th March, 2019 passed in CRR No.3 of 2019.

Dealing with such issue the learned Single Judge in the

order impugned observed that had there been any failure

on the part of the concerned Judicial Officer to comply

with the order passed by the Hon'ble High Court, the

litigant ought to have approached the appropriate forum

instead of preferring the writ petition. The other relief, as

prayed for in the writ petition was to withdraw the

proceeding from the learned Judicial Magistrate, 2nd

Court, Alipore and to transfer the same to the learned

Chief Judicial Magistrate. The said issue also could not

have been adjudicated in the writ petition.

In view thereof, we do not find any infirmity in the

order impugned warranting interference of this Court in

the present appeal.

The application being CAN 2 of 2022 is disposed of

and the appeal along with the application for appropriate

order being CAN 10240/1991 are dismissed.

There shall, however, be no order as to costs.

Urgent photostat certified copy of this order, if applied

for, be given to the learned advocates for the parties.

(Raja Basu Chowdhury, J.) (Tapabrata Chakraborty, J.)