BABURALI MOLLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners in this WP under art.226 dated March 1, 2011 are seeking the following principal relief:

(2.) BY three complaints at pp.19-21 the second petitioner (Jamsed Molla) informed the officer in charge of Minakhan police station in North 24-Parganas as follows. He filed a suit against the persons named in the complaints (they are the private respondents in this case) claiming his right over the immovable property in question. During pendency of the suit the defendants therein forcibly started erecting a structure. On his objection the erection work was stopped for the time being. Again the defendants in the suit resumed the erection work. He apprehended that his resistance might lead to breach of peace and tranquility.

(3.) IN my opinion, the petitioners' remedy, if any, was before the Criminal Court. The unwritten decision of the officer in charge that allegations made in the complaints did not disclose a case of commission of any cognizable offence cannot be judicially reviewed by the High Court under art.226. Writ power cannot be exercised for directing the officer to reconsider the allegations and decide the question of registering an FIR.