Nirmal Kumar Mondal And ANR. v. State Of West Bengal And ORS.

D/L 5 21.02.2025 Bpg.

ct.no.35 W.P.A.2618 of 2025 Nirmal Kumar Mondal & Anr.

Versus

The State of West Bengal & Ors.

Mr. Shahan Shah Mr. Aninda Bhattacharya Mr. S. Sarkar Mr. S. Barman Mr. K.P. Santra.

...for the petitioners.

Mr. Somnath Ganguli Ms. Pratiti Das.

...for the State-respondents.

Mr. Anirban Mitra Mr. Amit Halder Mr. Amit Roy.

...for the respondent no.5.

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

Mr. Ganguly, learned Additional Government Pleader, appears and he is being assisted by Ms. Pratiti Das, learned advocate. Her appointment may be regularized by the concerned authorities.

Petitioners are aggrieved by the fact that in spite of informing the police authorities regarding the atrocity inflicted by the private respondents, the police authorities have neither acted nor responded or taken any steps. Petitioners complained that they are having a handicapped child. Earlier, two of the handicapped daughters passed away and, as such,

they are in a mentally disturbed state. It is alleged that taking advantage of the handicapped son, the accused persons intend to grab the property of the petitioners and to that extent they had been flexing their muscle power. There has been unnecessary interference, disturbance and obstruction for enjoying a peaceful life of the petitioners at the behest of the private respondents.

State has submitted a report. Report reflects that on receipt of such information, police authorities drew up proceedings under Section 126 of the BNSS against all the accused persons named in the information furnished on 19th November, 2024 which was subsequently received by the police station. Be that as it may, having considered the nature of the dispute, I direct the police authorities to keep surveillance and ensure that no breach of the peace and/or tranquility takes place and/or any untoward incident results because of the strained relationship existing between the parties.

With the aforesaid observations, WPA 2618 of 2025 is disposed of.

There will be no order as to costs.

Report submitted by the State be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioners. 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.)