Mahadeb Naskar v. The State Of West Bengal And ORS.

D/L 44 21.01.2025 Bpg.

ct.no.35 W.P.A.983 of 2025 Mahadeb Naskar

Versus

The State of West Bengal & Ors.

Mr. Anindya Sundar Das Mr. Soumyajit Das Mahapatra Mr. Syed Ali Afzal Ms. Paramita Mondal Mr. Suman Halder.

...for the petitioner.

Mr. Vimal Kumar Shahi Mr. SM Samim Ullah.

...for the State-respondents.

Mr. Anindya Bose Mr. Santanu Maji Mr. Raju Ganguly.

...for the respondent nos.7 to 31.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner is aggrieved by the fact that he cannot enter his residence because of the overt acts and aggression as well as torture and violence inflicted allegedly by the private respondents. Learned advocate for the State has submitted a report. Report reflects that two cases have already been registered being Bishnupur P.S. Case No.778 of 2023 and Bishnupur P.S. Case No.86 of 2024 wherein the police authorities on conclusion of investigation have submitted charge-sheet. It has been contended that on the prayer of the petitioner in

respect of the later case further investigation is being carried out.

Learned advocate for the private respondents submits that the petitioner has bolstered up a case to suit his needs for creating difficulty to the private respondents.

Be that as it may, I direct that if the petitioner intends to enter his residence he would inform the Inspector-in-Charge, Bishnupur P.S. The Inspector-in-Charge, Bishnupur P.S. will depute police personnel for smooth entry of the petitioner and his family members at his home. It is reiterated that in case any further torture/violence is inflicted upon the petitioner so as to create circumstances for him to flee away from his own residence, petitioner would be at liberty to inform the jurisdictional Magistrate in seisin of Bishnupur P.S. Case No.778 of 2023 and Bishnupur P.S. Case No.86 of 2024 who would alter the condition of bail in respect of the accused persons before him and direct them to stay outside the jurisdiction of Bishnupur Police Station. With the aforesaid observations, WPA 983 of 2025 is disposed of.

There will be no order as to costs.

Report submitted by the State be kept with the record.

Copy of the report be handed over to both the parties.

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

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

(Tirthankar Ghosh, J.)