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2025 DAILYLAW 26048 (CAL)

VINAY JAISWAL AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/12519/2025 · 2025-06-26

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L 72 26.06.2025 ct.no.35 Kausik W.P.A. 12519 of 2025 Vinay Jaiswal & Anr. Versus State of West Bengal & Ors. Mr. Anand Keshari Ms. Soumili Choudhury Ms. Pubali Debnath …for the petitioner. Mr. Supriyo Shasmal Mrs. Chandana Chakraborty …for the private respondents. Mr. Swapan Banerjee Mr. Diptendu Narayan Banerjee Mr. Soumen Chatterjee …for the State. Learned advocate appearing for the petitioner submits that the petitioner’s signature(s) have been forged and the purpose for which the documents were given were utilized malafidely and to that extent the private respondent instead of selling two cottahs of land has misappropriated 32 cottahs of land. Information was sent to Bishnupur Police Station as well as the other Superior police authorities but no action has been taken till date. State has submitted a report. Report reflects that a title suit being Title Suit No. 748 of 2025 has been preferred before the learned Civil 2 Judge (Senior Division), 1st Court, Alipore. The report also reflects that the temporary injunction has been rejected. Learned advocate for the private respondents submits that since the civil court is already in seisin of the issue the present writ petition in not maintainable. In case there are forgery of signatures or the signatures of the petitioners have been misutilised in any manner thereby depriving the benefits of the property a cause of action would be created. Having regard to the same I grant liberty to the petitioner to approach the jurisdictional Magistrate under section 175(3) of the BNSS. Learned Magistrate would assess and ascertain whether a case for investigation is made out and thereafter pass necessary directions as he deems fit and proper. With the aforesaid observations WPA 12519 of 2025 is disposed of. Report so submitted be kept with the record. A copy of the report be handed over to both the parties. 3 All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)