Julfikar Molla @ Julfikar Ali v. State Of West Bengal And ORS.

16.03.2021 sb Ct23

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Via Video Conference) WPA 6470 of 2021 Julfikar Molla @ Julfikar Ali Vs.

The State of West Bengal & Ors.

Mr. Pinaki Bhattacharyya, Mr. Debjyoti Maity ... For the petitioner.

Mr. Amitesh Banerjee, Sr. Advocate, ... For the State.

Affidavit of service filed in Court today is taken on record.

The petitioner says that the order dated 15th February, 2021 passed by the learned 1st Executive Magistrate, Alipore, on an application made by the petitioner under section 144(2) of the Code of Criminal Procedure, 1973 (in short, Cr.P.C.) is flouted by the respondent no.3. The respondent no.3, according to the petitioner, is disturbing the construction work said to be lawfully carried out by the petitioner at his premises. The petition under section 144(2) of Cr.P.C. was made returnable on 15th March, 2021 after passing of the order dated 15th February, 2021.

The police authorities have complied with the said order as submitted by the State respondents

and have also filed a report on 15th March, 2021, as directed by the learned Executive Magistrate. The police authorities have also issued notice to the respondent no.3 and is keeping strict vigil over the premises in question.

The Court of learned Executive Magistrate is in seisin of the matter, despite such fact, the petitioner has approached this Court with allegations of police inaction on the ground that the order of the Magistrate is not being enforced by the police authorities.

After hearing the parties and considering the materials on record I find no substance in the allegations made by the petitioner for exercising writ jurisdiction during the pendency of proceedings under section 144 (2) of the Cr.P.C. The fact, however, remains that the police authorities are bound to enforce the order of the Executive Magistrate. The police authorities are therefor directed to take such steps as required for compliance of the order of the learned Executive Magistrate apart from those already taken.

Nothing remains further to be adjudicated in the writ petition and the same is accordingly disposed of without any order as to costs.

Since I have not called for any affidavits, the allegations contained in the writ petition are

deemed to have not been admitted by the respondents.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon compliance with the necessary formalities.

(Arindam Mukherjee, J.)