Abdul Halim Laskar v. State Of West Bengal And ORS.
23.06.2025 WPA 9662 of 2025 Sl.No.
Court No. 35 Abdul Halim Laskar -VsThe State of West Bengal & Ors.
G.S.Das Mr. Subhendu Banerjee ... for the Petitioner(s) Ms. Sonal Sinha Ms. Ashmita Chakraborty ... for the State-respondent(s) Learned advocate for the Petitioner has also expressed his grievance in respect of the civil court's order not being adhered to by the police authorities.
The petitioner has also approached the Learned Executive Magistrate. The Executive Magistrate, in MP Case No.
1455 of 2025, directed the Inspector-incharge of Joynagar Police Station to enquire and state whether there is any chance of breach of the peace as also directed to maintain peace and tranquility.
The Executive Magistrate has also asked the BL&LRO to enquire and submit
a report.
Learned advocate insists that inspite of the directions being passed in TS 101 of 2017 which is pending before the learned Civil Judge (Sr. Divn.), 2nd Court, Baruipur, no steps are being taken by the Inspector in charge of Joynagar Police Station.
In view of the specific remedy available for not giving any effect to the directions in respect of the injunction order and/or any order of the learned Civil Court within the ambit of Civil Procedure Code itself, I am of the opinion that if the petitioner is aggrieved, he will approach the learned civil court under the relevant provisions of law.
The police authorities would, if they are restricted and/or are unable to take steps, they would report to the learned Civil Court in respect of the resistance faced by them, for
implementation of such order.
In the meantime, the police authorities would only ensure that there is no breach of the peace and/or tranquility taking place as also no untoward incident resulting from the strained relationship existing between the parties With the aforesaid observations, WPA 9662 of 2025 is disposed of.
Pending application(s), if any, is also disposed of.
Report so submitted be kept with the record. A copy of the report be handed over to the petitioner.
Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.
(Tirthankar Ghosh, J.)