Deo Kishan Rathi And Another v. State Of West Bengal And ORS.

06.04.2022 S/L No.57 KS W.P.A. 2616 of 2022 Sri Deo Kishan Rathi & Anr.

-Vs.- The State of West Bengal & Ors.

Mr. Ambu Bindu Chakraborty Ms. Mrinmoyee Roy Chowdhury .....For the Petitioners Mr. Subhabrata Dutta Mr. Banibrata Datta .....For the State Mr. Debashis Roy .....For the Private Respondent.

The petitioners complain of alleged over-action by the Jorabagan Police Station in attempting to enter into petitioners house under the garb of recovery of Stridhan articles. It transpires from the records that the petitioners while applying for anticipatory bail have indicated that Stridhan articles have been recovered.

Learned counsel for the petitioners has also gone on record stating that some Stridhan articles have only been recovered and some are still remaining.

This Court, therefore, does not see over action on the part of the Jorabagan Police Station. It is, however, directed that in the event of any further recovery is to be made by the police,

prior permission may be obtained from the Jurisdictional Magistrate.

Instructions dated 17th February, 2022 addressed to the State Advocate is taken on record.

It is made clear in respect of permission already obtained from the Learned Magistrate the police shall free to act in accordance with law.

With the aforesaid observations, W.P.A. 2616 of 2022 is disposed of.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(Rajasekhar Mantha, J.)