Bisweswar Sardar And ANR v. The State Of West Bengal And ORS.

01.03.2023 Court No.13 Item No.12 AP WPA 7432 of 2022 Bisweswar Sardar and Anr.

Vs.

The State of West Bengal & Ors.

Mr. Sabyasachi Mondal Mr. Sayan Mukherjee Ms. Payel Khanra Ms. Mitali Mondal ... For the Petitioner.

The petitioner complains that private respondents in violation of the order of status quo passed by the learned Civil Judge (Senior Division), Baruipur in Title Suit No.350 of 2014 have assaulted him and thrown him out of his residence. By a further order dated 16th April, 2021, the Civil Judge (Senior Division), Baruipur asked the Bakultala Police to ensure that the order of status quo is strictly implemented.

When the private respondents violated the status quo order, Bakultala Police registered FIR being Bakultala Police Station Case No.77/22 dated 2nd April, 2022. The investigation has been completed and charge sheet No.98/22 dated 30th April, 2022 has been filed under Sections 447, 188, 506, 34 of the IPC.

The petitioner submits that since after filing of the writ petition he has been threatened and intimidated and he cannot return to his residence. Bakultala Police shall escort the petitioner back into his residence. Bakultala Police shall maintain strict

vigil at the said premises and ensure that there is no breach of peace in the area.

The private respondents shall be warned by the Bakultala Police against any threat, intimidation or harm to the petitioner and his wife.

With the aforesaid directions, the writ petition shall stand disposed of.

There shall be no order as to costs.

The report of the OC, Bakultala Police Station, Baruipur Police District dated 1st March, 2023 is taken on record.

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

(Rajasekhar Mantha, J.)