Ruma Pal v. The State Of West Bengal And ORS.

D/L 135 19.05.2025 Bpg.

ct.no.35 W.P.A.10245 of 2025 Ruma Pal

Versus

The State of West Bengal & Ors.

Mr. Dhananjay Banerjee Mr. Arup Kumar Bhowmick.

...for the petitioner.

Mr. Wasim Ahmed Md. Ziaur Rahaman.

...for the State-respondents.

Mr. Sourat Nandy.

...for the respondent nos.4 to 9.

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

Petitioner is aggrieved by the fact that the private respondents have been creating disturbance/obstruction as well as threats in enjoyment of the property of the petitioner. To that effect, information was furnished with the police authorities. Police authorities registered a case being Pandua Police Station Case No.106 of 2025 dated 15.02.2025. However, the petitioner complains that still such aggression and/or interference with the property at the behest of the private respondents are continuing.

State has submitted a report. Report reflects that the investigation has been concluded and

charge-sheet has been submitted before the jurisdictional court.

Learned advocate for the respondent nos.4 to 9 submits that they are in possession of the property and the petitioner is using the law as a tool to dispossess the present respondent no.4 who is in possession of the property.

Be that as it may, this Court is not supposed to make comments in respect of the possession of the petitioner or the private respondents. However, since the criminal case is already pending and the learned Magistrate is in seisin of the issue so far as the threats and other inconveniences faced by the petitioner, I am of the view that the petitioner being a witness would be entitled to take out an appropriate application before the learned Magistrate. Learned Magistrate will call for a threat perception report and accordingly direct the police to take steps in accordance with law.

With the aforesaid observations, WPA 10245 of 2025 is disposed of.

There will be no order as to costs.

Report submitted by the State be kept with the record.

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.)