Hakful Sk. @ Hakfulahak Saiekh And ANR. v. State Of West Bengal And ORS.

10.12.2024

IN THE HIGH COURT AT CALCUTTA

Ct. No.35 Constitutional Writ Jurisdiction Sl. No.453 Appellate Side Saikat WPA/1598/2024 Hakful Sk. @ Hakfulahak Saiekh & Anr.

Vs.

State of West Bengal & Ors.

Mr. Prosenjit Mukherjee, Adv.

...For the Petitioners Ms. Sonal Sinha, Adv.

Mr. Avishek Prasad, Adv.

...For the State Petitioner is aggrieved by the fact that in spite of having all permissions he is being deprived of enjoying his property because of the act and action of the private respondents.

Learned advocate for the State submitted a report. The report reflects that on 1.9.2023 a complaint was lodged by the present petitioners pursuant to which Paikar P.S. Case No.268/23 dated 1st September, 2023, was registered for investigation. Consequently, on conclusion of investigation charge-sheet has already been submitted before the jurisdictional court.

In view of the sections under which charge-sheet has been submitted before the jurisdictional court, I direct that in case private respondents create further disturbance in the enjoyment of the property of the petitioners and an application is taken out before the jurisdictional court for

modification of the conditions imposed in respect of the bail. The concerned court will pass directions upon the private respondents to stay outside the jurisdiction of Paikar police station. Police authorities will keep a strict vigil and ensure that no breach of the peace takes place at the locale in view of the previous criminal case which has been instituted.

With the aforesaid observations, WPA/1598/2024 is disposed of.

Report, so submitted, is kept with the record. Copy of the report be handed over to the learned advocate for the petitioners.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of all necessary formalities.

(Tirthankar Ghosh, J.)