MOSLEM MOLLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) It is the case of the writ petitioners that the petitioners are the lawful owners of the land comprised in Plot Nos. 114 and 115, R.S. Khatian No. 151/1 under Mouza Kachua, P.S. Kashipur, South 24-Parganas, which they purchased from one S.k. Taslim Molla against valuable consideration. After purchase, the said plot of lands was in their actual physical possession. However, the private respondent Nos. 7 to 11 claiming their right over the said property not only disturbing their possession in various ways, also filed a Title Suit being Title Suit No. 11 of 1998 but by an order passed on 27th February 2009, the Learned Civil Judge (Senior Division), 7th Court, Alipore dismissed the said Suit. Having lost in the said Suit, the private respondents did not stop there and they are regularly threatening the writ petitioners with dire consequences and even to kill them. It is now contended by the learned Counsel of the writ petitioners that the aforesaid incident was at once reported to the local police station but still the police has neither recorded any FIR nor started any investigation far less took any action against the miscreants. In this regard he drew my attention to page 66, the written complaint to the police.

(2.) Heard the learned Counsel appearing on behalf of the petitioners as also the learned Counsel appearing on behalf of the State. Perused the complaint in question.

(3.) Having regard to the content of the complaint in question, I find there is no illegality or violation of any statutory provision on the part of the police authority in not recording any FIR on the basis of the aforesaid complaint lodged by the petitioner No. 1. Taking the allegations made in the aforesaid complaint and assuming the same to be true, at best a case of an offence of criminal intimidation can be said to have been made out, which is a non-cognizable offence. Therefore, the question of recording of FIR on receipt of such complaint does not at all arise and in such a case police is not empowered to undertake investigation suo motu. Consequently, the case of police inaction fails and this writ application stands dismissed.