Papiya Mishra And ANR v. State Of West Bengal And ORS.

15.04.2024 PG/KS Ct. No.1 M.A.T. 241 of 2024 With IA No. CAN 1 of 2024 Smt. Papiya Mishra & Anr.

Versus

State of West Bengal & Ors.

Mr. Amitava Pain Mr. Noni Gopal Chakraborty .....for the appellants Mr. Uday Narayan Betal .....for the respondent no.6 Mr. Lalit Mohan Mahata, Ld. A.G.P.

Mr. Rudranil De .....for the State

1. The writ petition has been filed alleging police inaction and also for providing police picket.

2. The learned Single Bench rightly noted that it is not a case of police inaction since the complaint, which was given by the appellant was taken on file, F.I.R. has been registered and charge-sheet has also been laid before the concerned court.

3. The learned advocate appearing for the appellant submitted that police picket has to be made at the cost of the appellant.

4. With regard to the threat perception, it is for the law enforcing agency to take note of the same and this Court cannot make any observation in this regard, more particularly, when the dispute appears to be a

civil dispute and neither the appellant nor the private respondents have approached the civil court.

5. Therefore, we find no ground to interfere with the order passed by the learned Single Bench.

6. With these above observations, appeal along with the connected application (IA No. CAN 1 of 2024) stand dismissed.

7. However, it will be open to the appellant to move the concerned Superintendent of Police for police picket and in the event, such an application is filed, the same shall be considered by the concerned Superintendent of Police within eight weeks from the date such application is filed.

8. No costs.

9. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)