Calcutta High CourtWPA/11363/2022disposed

Chandrama Pandit v. State Of West Bengal And ORS.

2022-08-03Hon'Ble Justice Shampa Sarkar2 pages

03.08.2022 Sl. No.23(ML) srm W.P.A. No. 11363 of 2022 Sri Chandrama Pandit

Versus

The State of West Bengal & Ors.

Mr. Subrata Mukhopadhyay ...for the Petitioner.

Mr. Anit Kumar Das, Ms. Rupsa Chakrabarty ...for the State-respondents.

Despite service, none appears on behalf of the respondent Nos.10 and 11. Affidavit-of-service is taken no record.

The petitioner alleges that the respondent Nos.10 and 11 being his elder son and daughter-in-law respectively, had been torturing the petitioner and his wife and have been pressurising the petitioner to transfer the property to them. The enquiry by the police reveals that the petitioner has two houses. A double-storeyed house situated at 23, Vidyasagar Sarani, Ghoshpara, Bally, Police StationNischinda, District-Howrah where the petitioner resides with his wife, one unmarried daughter and unmarried son. The other house is situated at 32/B/3, Dingsai Para Road, Police Station-Bally, District-Howrah. Two other daughters of the petitioner are married. The respondent Nos.10 and 11

are staying at Premises No.32/B/3, Dingsai Para Road. The police authorities have already submitted a prosecution under Section 107 of the Code of Criminal Procedure against the said respondents. Another proceeding is pending before the learned Executive Magistrate, 2nd Court at Howrah. In respect of the said proceeding as well, a prosecution under Section 107 of the Code of Criminal Procedure has been submitted against the respondent No.10 and 11 and the said respondents have been asked to maintain peace and tranquility. The proceeding before the leaned Executive Magistrate is pending.

Under such circumstances, upon perusal of the police report, this Court directs that the police authorities must ensure that peace and tranquility is maintained and the petitioner is neither harassed nor caused any harm. The writ petition is, thus, disposed of.

There will be no order as to costs.

All parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)