Uday Bhanu Ghosh v. State Of West Bengal And ORS.

M/L321 06.12.2024 Bpg.

ct.no.35 W.P.A.8974 of 2023 Uday Bhanu Ghosh

Versus

The State of West Bengal & Ors.

Mr. Jayanta Narayan Chatterjee Mr. Sirsendu Sinha Roy Mr.Supreem Naskar Ms. Jayashree Patra Ms. Pritha Sinha.

...for the petitioner.

Mr. Santanu Kumar Mitra Ms. Rama Halder.

...for the State-respondents.

Affidavit of service filed by the petitioner be kept with the record.

Learned advocate appearing for the petitioner contends that in spite of informing the police authorities particularly the Officer-in-Charge, Haripal Police Station, he did not get any remedy particularly with regard to the atrocities being inflicted at the behest of the private respondent nos.6 to 11. Consequently, the petitioner who is running his poultry farm had to close the poultry farm. Petitioner intends to reopen his business.

Police authorities have submitted a report.

Report do not deny the accusations but says those were non-cognizable offences, as such, the police authorities could not take appropriate steps, although

proceedings were drawn up under Section 107 and 116 of the Code of Criminal Procedure.

In case the petitioner reopens his business of poultry farm, in that case, police authorities would ensure that no breach of the peace and/or tranquility takes place at the locale. Further, no untoward incident may arise because of the inimical relationship existing.

In case the police authorities draw up proceedings against the persons so named for creating any breach of the peace and/or tranquility in the area concerned, in such circumstances, the police authorities would direct the concerned persons to furnish a bond which would contain a condition to stay outside the jurisdiction of Haripal Police Station. With the aforesaid observations, WPA 8974 of 2023 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)