Abdul Rafik Halder v. State Of West Bengal And ORS.

10.12.2024 W.P.A. 776 of 2024 Item No.432 Ct. No.35 dc.

Abdul Rafik Halder versus State of West Bengal & Ors.

Mr. Ramij Munsi, Mr. Rittick Chowdhury, Ms. Muskan Agarwal ... For the Petitioner.

Mr. Suman Ghosh, Mr. Siddhartha Ghosh ... For the State.

Mr. Arindam Sen, Mr. Saurav Basu, Ms. Priya Nandy ... For the Respondent Nos.5 & 6.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner and the respondent nos. 5 and 6.

Learned advocate appearing for the petitioner is aggrieved by the fact that in spite of the civil court having passed a status quo order in favour of the petitioner in T.S. No. 227 of 2023, the petitioner is still facing disturbances, harassment and humiliation at the behest of the private respondent nos. 5 and 6.

State has submitted a report which incorporates that civil suit is pending between the parties. There is a long standing dispute existing. The petitioner has complained regarding not complying with the order of the civil court in spite

of the Executive Magistrate passing necessary orders.

Learned advocate for the State submits that necessary proceedings have been drawn up under Section 107 of the Code of Criminal Procedure. In view of the petitioner contending that there is a status quo order existing in T.S. No. 227 of 2023, the petitioner would invoke the necessary provisions of law for police assistance or police protection before the concerned court. In case, civil court is of the opinion that police assistance is to be rendered, it will pass necessary directions. The police authorities would thereafter take necessary steps in accordance with law.

In view of the petitioner and the private respondent nos. 5 and 6 being at loggerhead, I direct the Officer-in-Charge, Pandua Police Station would keep a strict vigil and ensure that no breach of peace takes place at the locale and/or any untoward incident crops up because of the inimical relationship between the parties.

With the aforesaid observations, the writ petition being WPA 776 of 2024 is disposed of. There shall be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)