Shamimara Begam v. State Of West Bengal And ORS.

01.07.2022 Court No. 19 Item no.81 CP W.P.A. No. 10860 of 2022 Shamimara Begam Vs.

State of West Bengal & ors.

Mr. Sufi Kamal Ms. Shireen Hossain ....for the petitioner.

Md. Galib Mr. A. Santra ....for the State.

Affidavit if service is taken on record.

Despite service, none appears on behalf of the respondent nos. 4 and 5.

The petitioner alleges inaction on the part of the Officer-in-charge, Nabagram Police Station. The specific allegation is that the respondent nos. 4 and 5 have threatened the petitioner with dire consequences and on one occasion tried to strangle the petitioner to death.

The police report is taken on record. It appears that the police authorities have already registered a case vide Nabagram PS Case No. 222 of 2022 dated June 22, under Sections 448/323/308/354/506/34 of the Indian Penal Code against the respondent no.4. The investigation is under process. The enquiry by the police authorities so far, reveals that there is a dispute with regard to

an ancestral property. A partition suit is pending before the learned Civil Judge (Senior Division), Lalbagh, Murshidabad. It also appears that the parties tried to settle the dispute with the intervention of senior members of the village, but to no effect.

Under such circumstances, when the police authorities have already registered a case against the respondent no. 4 and the investigation is under progress, no further order need be passed in this writ petition. The police authorities are directed to conduct the investigation in a free and impartial manner and reach the same to its logical conclusion, in accordance with law.

The police authorities shall also keep a vigil to ensure that no untoward incident takes place. The writ petition is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)