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Calcutta High CourtWPA/7497/2024disposed

Md Reyazuddin Khan v. State Of West Bengal And ORS.

2024-12-11Hon'Ble Justice Tirthankar Ghosh2 pages

M/L520 11.12.2024 Rohit ct.no.35 WPA 7497 of 2024 Md Reyazuddin Khan

Versus

The State of West Bengal & Ors.

Mr. Mahammad Mahmud ...for the petitioner Mr. K.Y Yusuf Mr. Pradyut Kr. Das ....for the State Leave is granted to the petitioner to amend the cause title in respect of the respondent No. 3. Petitioner complains that he sent an information to the Commissioner of Police, Howrah Police Commissionerate on or about 13th of January, 2024 and no action has been taken till date.

Petitioner further contends that he is not allowed to enter his garment shop/workshop.

Learned Advocate for the State has submitted a report. Report reflects that earlier complaint was lodged by the petitioner pursuant to which AJC Bose B. Garden P.S. Case No. 08/2022 was registered for investigation and on conclusion of investigation charge-sheet was submitted before the jurisdictional court. Presently, on the complaint a

proceeding under Section 107/116 Cr.P.C has been drawn up against the private respondents. In view of the proceedings having been drawn under the provisions of Section 107/116(3) Cr.P.C I am of the view that the police authorities has prima facie found certain materials. Accordingly I direct that the free egress and ingress of the petitioner be not obstructed for entering his shop/workshop to that effect, the police authorities would ensure that no breach of the peace or any untoward incident takes place when the petitioner intends to enter his shop/workshop. Report submitted in Court be kept with the record.

With the aforesaid observations WPA 7497 of 2024 is disposed of .

There shall be no order as to costs.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)