Sk. Ohidul Islam v. State Of West Bengal & ORS

25.11.2022 Court No.13 Item No.44 AP WPA 3923 of 2020 With IA NO: CAN 1 of 2022 Sk. Ohidul Islam Vs.

The State of West Bengal and Ors.

Mr. Sudip Sarkar ... For the Petitioner.

Mr. Gaurav Das Mr. Raja Ram Banerjee ... For the State.

In Re. : CAN 1 of 2022 Sufficient grounds were available for explaining the absence of the writ petitioner on 4th November 2022. Hence, the said order is recalled.

WPA 3923 of 2020 is restored to its file and number.

CAN 1 of 2022 shall stand allowed.

In Re.: WPA 3923 of 2020 The petitioner is aggrieved by the fact that the private respondents, who are family members of the petitioner, have entered into his house, outraged the modesty of his wife and threatened to kill him with weapon.

Learned counsel for the State has produced a report in the form of instructions issued by the Officerin-Charge, Khanakul Police Station, Hooghly addressed

to the learned Government Pleader and the same is taken on record.

It appears from the report that the police have taken out proceedings under Section 107 of the CrPC and are maintaining regular vigil over the property. There is also a civil suit filed by the petitioner being Title Suit No.1 of 2020 which is pending before the Civil Judge (Senior Division) at Arambagh, Hooghly. The petitioner may seek appropriate interim relief in the Civil Court against the private respondents. In the event of any further complaint by the petitioner against the private respondents, Khanakul Police shall take urgent and immediate steps in accordance with law.

Khanakul Police shall also ensure that there is absolutely no breach of peace in the area and keep a strict vigil over the local.

With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)