Extracted from the PDF above. The PDF is authoritative.
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D/L 11 27.08.2026 Rohit,A.R.(Ct.) ct.no.758 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
WPA 13438 of 2023
Armida Parvin Versus State of West Bengal & Ors. Mr. Arindam Chattopadhyay
Ms. Lipika Chatterjee
Mr. Soumik Dey
Ms. Rita Das
…for the Petitioner
Ms. Suchita Sinha Chatterjee
Ms. Sumita Sarkar
…for the State
1. Affidavit-of-service filed in Court today be kept with the record. 2. The petitioner has filed the instant writ petition alleging that the private respondents have forcefully evicted the petitioner from a commercial room area about 1800 square feet situate at Raghunathganj Indira Pally, Police Station – Raghunathganj, Plot No. 130/270, Mouza Basudevpur holding No. 13/12, Ward No. 19 comprising of three big rooms and one small room. 3. It is the specific case of the petitioner that the petitioner being a tenant has been wrongfully evicted from the said property. 4. A suit being OS No. 7 of 2023 was filed against Prabal Mukherjee before the Court of Learned Civil
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Judge, Junior Division, 1st Court, Jangipur, Murshidabad whereby the landlords were restrained from evicting the plaintiff without due course of law. It is submitted that after the injunction order the said Prabal Mukherjee on 23rd May, 2023 attacked the husband of the petitioner and caused grievous injuries to him. A written complaint dated 28th May, 2023 was lodged with the Officer-in-Charge of Raghunathganj Police Station whereupon a FIR was registered for investigation with the offences punishable under Sections 341/324/326/506/34 of the Indian Penal Code being the Raghunathganj Police Station Case No. 462 dated 28th May, 2023. In such background it has been alleged that since the investigating agency is not taking appropriate steps, the investigation of the said case be transferred to the CID, West Bengal and a charge under Section 307 of the IPC be added. 5. This Court directed the State to file a report in the matter. 6. Ms. Chatterjee, learned Advocate appears for the State and submits a report. The report reveals that pursuant to the written complaint lodged by the petitioner the Investigation Officer has already filed a charge-sheet dated 15th September, 2023 for commission of offences punishable under
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Sections 341/324/326/506/34 of the Indian Penal Code. 7. In view of the aforesaid, it is further submitted that the de facto complainant was duly notified about the investigation of the case. 8.
In the aforesaid factual matrix the instant writ petition is disposed of granting liberty to the petitioner to redress its grievances, if any, before the Court of learned Magistrate in accordance with law. 9. No further orders required to be passed in the present writ petition. 10. Accordingly WPA 13438 of 2023 is disposed of with the above observations. 11. There shall be no order as to costs. 12. Urgent certified website copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities. (Anuj Singh, J.)