Sk. Abdul Mabud v. State Of West Bengal And ORS.

S/L 9 11.3.2024 Court No.14 SD WPA 3580 of 2024 Sk Abdul Mabud Vs.

The State of West Bengal & Ors.

Mr. Sukanta Chakraborty Mr. Anindya Halder ... for the Petitioner.

Mr. Biswabrata Basu Mallick Ms. Parna Roy Choudhury ... for the State.

Mr. Dyutiman Banerjee Mr. Sourat Nandy ... for the Private Respondent.

Affidavit-in-reply filed on behalf of the petitioner is taken on record.

A further report filed on behalf of the State is also taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the Mutwalli of the Masjid in question. The private respondent and his accomplices had been disturbing the working of the Masjid for quite some time due to some ulterior motive. On one occasion, they came and damaged properties inside the Masjid including the cctv camera that was installed outside. They threatened and intimidated the petitioner and others who are in control of the Masjid. An FIR was lodged, but no progress is there in investigating the same.

Learned counsel appearing on behalf of the private respondent denies the allegations made in the writ petition and submits that the private respondent had not damaged any part of the Masjid, far less the cctv camera.

Learned counsel appearing on behalf of the State relies on the report and submits that they have taken appropriate steps on the complaint of the petitioner and alleged offences are being investigated. Notices had been issued under Section 41A of the Code. However, one of the accused was granted anticipatory bail by the learned Sessions Judge.

The petitioner shall be at liberty to install a CCTV camera at the Masjid. If he finds it necessary, he may pray before the local police authorities to stand guard when the same is being installed.

For this, a prior notice of 24 hours shall be given to the Officer-in-Charge of the Panduah Police Station. Let the investigation of the case be concluded as expeditiously as possible and in accordance with law. However, further investigation of the case would be taken up by the Investigating Officer under the supervision of Deputy Superintendent of Police (Crime), Hooghly Rural Police District.

Even thereafter, the police authorities shall keep a sharp vigil at the locale and ensure that no breach of peace takes place. The surveillance shall include frequent visits by police patrol.

With these observations, WPA 3580 of 2024 is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)