Jagabandhu Sarkar v. State Of West Bengal & ORS

Item No. 12 In The High Court At Calcutta Constitutional Writ Jurisdiction (via video conference) 18.9.2020 Ct-13 W.P.A. 6283 of 2020 Jagabandhu Sarkar v.

State of West Bengal & Ors.

With IA No. CAN/1/2020 (Old No. CAN/4714/2020) Mr. Bratin Kumar Dey ... for the petitioner.

Mr. Bibek Jyoti Basu ... for the State.

Mr. Probal Sarkar Mr. Satyajit Basus ... for the respondent nos. 4 & 5.

The petitioner is a senior citizen. He complains that his son and daughter-in-law is continuously torturing him and trying to throw him out of his premises. The petitioner lodged several complaints before the police station. The grievance of the petitioner is that the police is not taking proper steps in response to the complaints lodged by him.

The learned counsel appearing on behalf of the State respondents has filed a report by the Inspector-in-charge, Haringhata Police Station dated August 24, 2020 wherefrom it appears that on receipt of the complaints from the petitioner the same were duly diarized. The SubInspector of Police was sent to the place to enquire the matter. The complaints of the petitioner were diarized Vide GDE No. 522/2020 dated August 13, 2020, GDE No. 666/2020 dated August 16, 2020. The Sub-Inspector of police submitted a report in final form under Section 323 IPC on August 17, 2020 and the same stood allowed on August 20, 2020 by the learned Additional Chief Judicial Magistrate at Kalyani Sub-divisional Court.

The learned counsel appearing on behalf of the State respondents submits that the private respondents on September 8, 2020 submitted an undertaking before the police that they will not torture the petitioner in any manner. The police is keeping an active vigil in the area.

In view of the aforesaid submissions made on behalf of the State respondents and on perusal of the report filed by the Inspector-incharge of the Haringhata Police Station no further order is required to be passed in the instant writ petition. The police shall continue with the vigil and ensure that the life and property of the petitioner are not endangered by the respondents in any manner whatsoever.

The writ petition being W.P.A /6283/2020 and IA No. CAN/1/2020 (Old No. CAN/4714/ 2020) stand disposed of.

Urgent xerox certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh ( Amrita Sinha, J.)