Liyakat Ali v. State Of West Bengal And ORS.

S/L 429(ML) 18.07.2022 Court. No. 19 GB WPA 7586 of 2022 Liyakat Ali VS The State of West Bengal & Ors.

Mr. Niladri Sekhar Ghosh, Mr. T. Gupta, Mr. Pradip Kumar Kundu, Mr. Sourav Mondal.

... for the Petitioner.

Mr. Ansar Mondal, Mr. Suprabhat Bhattacharya.

... for the State.

Mr. Mohinoor Rahaman, Sk. Abumusa, Mr. Sirajul Haque Mondal.

... for the Respondent Nos.8, 15 & 20.

Affidavit-of-service filed in Court today, be kept with the record.

The allegation of the petitioner is that the petitioner and his family members are not being able to return to their residence at Karbala lane as they are being continuously threatened by the respondent nos.5 to 20. A complaint was filed by the petitioner before the Metiabruz Police Station. Accordingly, Metiabruz P.S. Case No.79 of 2022 dated May 3, under Sections 448/323/354/427/379/506/34 of the Indian Penal Code was registered against Md. Anwar Hossain, Amanullah @ Mohan, Sikander, Md. Amiruddin, Sunny, Babar, Raj, Haider, Jaki, Md. Sajid, Samir, Ajju, Aman, Modassir, Md. Idris, who are the respondents in the writ petition. It also appears that prosecution under Section 107 of the Code of Criminal Procedure had been submitted against the said respondents. The police authorities are still

maintaining a strict vigil in front of the premises no.R-148, Karbala Lane. There is a continuous police picket. Under such circumstances, this Court is of the view that if the petitioner and his family members approach the Officer-in-Charge, Metiabruz Police Station for being escorted back to their residence at Karbala lane, the police authorities shall ensure their safe entry. The FIR, which has been registered, shall be investigated and concluded in a free, fair and impartial manner. The police vigil will continue.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)