49 Court No.13 B.M. WPA 2126 of 2022 Nairit Retailer Pvt. Ltd & Ors. v. The State of West Bengal & Ors.
Case at a glance
- Bench
- RAJASEKHAR MANTHA
Provisions considered
- Code of Criminal Procedure, 1973 s. 156(3)
- Constitution of India art. 226
Judgment
Mr. Kum Kum Mukherjee Mr. Sourojit Dasgupta … for the petitioners Mr. Suddhadev Adak … for the State Mr. Rudraman Bhattacharyya Mr. Saptarshi Banerjee Mr. Debangana Dey Nayek Mr. Diksha Ghosh … for the private respondents The petitioners are aggrieved by the order dated 29th September, 2021 issued by the Sub Inspector, Detective Department (Special) of the Kolkata Police issued against the petitioners’ complaint dated 19 th August, 2021. In the said communication, the office of the Commissioner of Police has found no cognizable offence in the complaint of the writ petitioners. The petitioners are also aggrieved by non- consideration of complaint and representation dated 26th November, 2021. This court is of the view that since the petitioner has effective alternative remedy available under Section 156(3) of the Code of Criminal Procedure and/or Section 482 thereof, this court is not inclined to exercise 2 discretionary jurisdiction under Article 226 of the Constitution of India. With the aforesaid observations, the writ petition is disposed of without any order of costs. (Rajasekhar Mantha, J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.