KAMAL CHANDRA Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The de-facto complainant in connection with Liluah Police Station Case No. 213 of 2021 dt. 5/6/2021 under Sec. 420/406 of the Indian Penal Code, 1860 as well as the State of West Bengal have preferred the above appeals against the order passed by the Learned Single Judge in WPA No. 11326 of 2021 with CAN 1 of 2021 (Gobinda Hazra vs. State of West Bengal & Ors.) dt. 19/7/2021 wherein the Learned Single Judge had passed the following order :

(2.) The respondent/ writ petitioner has taken a preliminary objection with regard to maintainability of the appeals on the ground that the nature of relief granted to the writ petitioner which is under challenge in the instant appeals is in the nature of exercise of criminal jurisdiction and as such the instant appeal is not maintainable before this Court.

(3.) Mr. Ayan Bhattacharjee, Learned Counsel appearing for the appellant submits that the writ petitioner has neither prayed for quashing of the criminal proceeding nor the writ petitioner has prayed for any order for initiation of the criminal proceeding since, the criminal proceeding already initiated.