Biswajit Bose v. State Of West Bengal And ORS.

07.05.2025 W.P.A. 9289 of 2025 Item No.25 Ct. No.35 dc.

Sri Biswajit Bose versus State of West Bengal & Ors.

Mr. Chandan Misra, Mr. Debabrata Majumder ... For the Petitioner. Mr. Somnath Ganguli, AGP, Ms. Sangeeta Roy ... For the State.

Mr. Sandipan Pal ... For the Respondent Nos.5 to 8.

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

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocates appearing for the petitioner and the respondent nos. 5 to 8.

The petitioner is aggrieved by the fact that the private respondents are interfering with the life and liberty of the petitioner. To that effect, they have been creating unnecessary disturbance.

Petitioner's son has been subjected to severe assault and there were previous antecedents of the present respondents.

State has submitted a report which reflects that two criminal cases are pending being Bagnan Police Station Case No. 565 of 2024 wherein charge-sheet has been submitted and another case being Bagnan Police Station Case No. 247 of 2025 where investigation is still proceeding.

Petitioner complains that in spite of the criminal cases, the private respondents have been pursuing their atrocity upon the petitioner and his family members.

Learned advocate appearing for the respondent nos. 5 to 8 submits that admittedly the respondent nos. 5 to 8 are tenants. They have already filed a proceeding before the civil court so that they cannot be evicted without due process of law.

Since a landlord-tenant dispute is already pending and the police authorities have already taken steps, if there are further issues, the petitioner would approach the police authorities. In the meantime, the police authorities would ensure that no breach of the peace or tranquility takes place at the locale and/or any untoward incident results because of the strained relationship existing between the petitioner and the private respondents. So far as the other issues are concerned, the petitioner would be at liberty to approach the jurisdictional civil and criminal court concerned. With the aforesaid observations, the writ petition being WPA 9289 of 2025 is disposed of. There will be no order as to costs.

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

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

(Tirthankar Ghosh, J.)