KHAIRUL ISLAM KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) An abuse of process under the guise of an intra-court writ appeal under Clause 15 of the Letters Patent has been brought to this Court challenging an order dated June 20, 2019 passed in W.P. 10024 (W) of 2019.

(2.) The appellant's case was that in a private dispute in respect of a property, certain personnel of the police, who are employees of the respondent no. 1, were involved. The appellant admittedly has approached the civil Court by instituting a suit seeking reliefs of declaration and injunction including temporary injunction, but has not been blessed with success. The appellant has, according to his own showing, sent a complaint to the Superintendent of Police, i.e., superior officer of a police, on the ground that the Officer-in-Charge concerned was not accepting the complaint made by him and registered as First Information Report. This particular complaint shows on its face that it was in respect of alleged police brutality and atrocities by which the boundary wall of the appellant's property was brought down and such property was otherwise damaged.

(3.) The learned Judge showed great forbearance by dismissing the writ petition by calling it a disposal on the ground that a dispute between private parties to an immovable property could not be thus converted into criminal proceedings and was pleased to hold that it would be inappropriate for the writ court to intervene; hence, the present appeal.