Sunita Debi Singh v. State Of West Bengal And ORS.
D/L 14 25.03.2025 Kausik ct.no.35 W.P.A. 5586 of 2025 Sunita Debi Singh
Versus
State of West Bengal & Ors.
Mr. Animesh Paul Ms. Aindrila Chatterjee ...for the petitioner.
Mr. Ashim Kumar Ganguly, AGP Mr. Tarak Karan ...for the state.
Petitioner made a representation dated 13.02.2025 wherein history of all the previous incidents have been referred to. There is no specific incident which calls for interference by the police authorities and in fact, all the steps which have been taken by the police authorities have been contended in the representation.
There are already FIRs which have been registered. Petitioner claims that since a direction was passed under section 144(2) of the Cr.P.C., police authorities should abide by the same. Orders under section 144(2) Cr.P.C. which are passed by the Executive Magistrate who are to decide how to implement the order which has been passed by them.
The High Court will not exercise its
jurisdiction under Article 226 of the Constitution of India for implementing an order under section 144(2) of the Cr.P.C. Last of the incident referred to in the representation is of April, 2024. Almost 11 months have passed since then.
As submitted by Mr. Ganguly, learned Additional Government Pleader police authorities have already drawn up proceedings under section 126 of the BNSS.
Accordingly, police authorities would continue their surveillance and ensure that no untoward incident results because of the strained relationship existing between the parties.
With the aforesaid observations WPA 5586 of 2025 is disposed of.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)