Sudip Karmakar v. State Of West Bengal And ORS.

10.12.2024

IN THE HIGH COURT AT CALCUTTA

Ct. No.35 Constitutional Writ Jurisdiction Sl. No.459 Appellate Side Saikat WPA/1950/2024 Sudip Karmakar Vs.

State of West Bengal & Ors.

Mr. Fasiur Rahman Molla, Adv.

Mr. Subhojit Saha, Adv.

...For the Petitioner & For the Private Respondent No.5 & 6 Mr. Jayanta Samanta, Jr. Govt. Adv.

Mr. Supriya Majumder, Adv.

...For the State Learned advocate for the petitioner is aggrieved by the fact that in spite of information being furnished with the police authority on or about 27.12.2023, till date no action has been taken in respect of the overt acts of the private respondents.

Learned advocate for the State has submitted a report. Report reflects that there has been a strict vigil which has been kept. To that extent, proceedings under section 107 of the Code of Criminal Procedure was drawn by the police authority.

Learned advocate representing the private respondent No.5 and 6 submits that there has been no order of violation of the civil court and the information which has been furnished with the police authority are full

of miss-statement in order to falsely implicate the private respondents.

I have considered the submissions of each of the parties and also that a status quo order has been passed. In case, if there is any violation of the status quo order, petitioner would be at liberty to take out appropriate application in accordance with law before the learned Civil Judge (Junior Division), 1st Court, Uluberia. If any order is passed by the learned Civil Judge (Junior Division), 1st Court, Uluberia, for police assistance or protection, the police authority will strictly adhere to the said order. In the meantime, I direct the police authority to continue keeping the strict vigil which they have been maintaining to ensure that no breach of the peace takes place at the locale as the petitioners and private respondents are presently having inimical relationship. With the aforesaid observations, WPA/1950/2024 is disposed of.

Report, so submitted, is kept with the record. Copy of the report be handed over to the learned advocate for the petitioner and the private respondents. 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.)