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Calcutta High CourtWPA/10737/2021disposed

Barun Mondal v. State Of West Bengal And ORS.

2021-07-06Hon'Ble Justice Rajasekhar Mantha2 pages

06.07.2021 Ct. No.13 Sl. No.28 pk/akd W.P.A. 10737 of 2021 [via video conference] [Barun Mondal -Vs- The State of West Bengal & Ors.] Mr. Shamik Chatterjee ... ... for the petitioner Mr. Amitesh Banerjee Ms. Ipsita Banerjee ... ... for the State It is submitted by the learned counsel for the petitioner that the private respondent no.4, who is his brother, has prevented him from visiting his mother who is sick and ailing. It is further alleged that the private respondent no.4 and his wife may have poisoned the mother of the petitioner.

Mr. Amitesh Banerjee, learned counsel appearing for the State on instructions from the Officer-in-charge, Eco Park Police Station, Jatragachi, submits that there are property disputes between the petitioner and the private respondent no.4, 5 & 6. The Officer-in-charge, Eco Park Police Station, Jatragachi had gone to investigate the matter and has recorded the statement of the mother that she is perfectly fine, healthy, hail and hearty. In the above circumstances, this Court does not find any police inaction in the matter. Other civil rights that the petitioner may have against the respondents may be agitated in civil fora. It is further submitted by Mr. Banerjee, learned counsel appearing for the State that both the mother as well as the private respondent no.4 have categorically informed the Investigating Officer that the writ petitioner may visit his mother at any point of time. It should be ensured by the Officer-in-

charge, Eco Park Police Station that there is absolutely no breach of peace at the time when the petitioner visits his mother at all.

With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

All parties are to act on a server copy of this order duly downloaded from the official website of this court. (Rajasekhar Mantha, J.)