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Calcutta High CourtWPA/10117/2024disposed

Buddhadeb Baidya v. State Of West Bengal And ORS.

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

12.12.2024 Court No.35 Sl No.609 CP WPA No. 10117 of 2024 Buddhadeb Baidya - Versus - The State of West Bengal & Ors.

Mr. Himadri Kumar Mahata ...for the petitioner.

Mr. Malay Singh Ms. Neelam Singh ...for the State.

1. The petitioner is aggrieved by the fact that his representation with the Officer-in-Charge of Sundarban Coastal Police Station of 19.03.2024 was not addressed, although he has specifically referred therein that his water body was being filled up with garbage and on protest he was abused with derogatory language. His further representation with the Superintendent of Police also did not yield any result where he complained that the threats made by the private respondents were for murdering him.

2. Learned Advocate appearing for the State has submitted a report. The report reflects that all possible steps have been taken. The report also reflects that Misc. Case (Pre-emption) 09 of 2024 is pending whereas status quo order has been passed by the learned Civil Judge (Junior Division), 6th Court, Alipore.

3. Be that as it may, if the police authorities have not taken steps under the statute, petitioner is granted liberty to approach the jurisdictional magistrate by way of invoking the provisions under Sections 175(3) of the B.N.S.S./Section 223 of the B.N.S.S.

4. For the time being the Officer-in-Charge of Sundarban Coastal Police Station would ensure that no breach of peace takes place and no untoward incident results because of the inimical relationship existing between the petitioner and the private respondents.

5. With the aforesaid observations, the writ petition being WPA 10117 of 2024 is disposed of.

6. The report be kept with the record. A copy of the report be handed over to the learned advocate for the petitioner.

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

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

(Tirthankar Ghosh, J.)