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Calcutta High CourtCPAN/713/2023disposed

Birendranath Mandal v. Joby Thask Supdt Of Police Basirhat And ANR

2023-08-25Hon'Ble Justice Rajasekhar Mantha2 pages

25.08.2023 Court No.13 Item No.8 AP CPAN 713 of 2023 In WPA 4356 of 2023 Birendranath Mandal Vs.

Dr. Joby Thomask, the Superintendent of Police, Basirhat Police District and Anr.

Ms. Pampa Dey (Dhabal) ... For the Petitioner.

Ms. Ipsita Banerjee ... For the State.

1.

The Superintendent of Police, Basirhat Police District has filed a report dated 16th August, 2023 and the same is taken on record.

2.

It appears from the report that steps have been taken by the Hingalganj Police Station and proceeding under sections 323, 506 has been initiated on 9th February, 2023. Thereafter, Hingalganj Police Station registered P.S. Case no. 73/23 dated 19.03.2023 and Charge Sheet No.113 of 2023 dated 24th May, 2023 has also been filed. 3.

The Hingalganj Police has visited the residence of the petitioner on several occasions. Family members of the petitioner stated that they are not facing any threat. It is also indicated by the Superintendent of Police that the petitioner has not deposited the costs for police protection. 4.

Ms. Pampa Dey (Dhabal), learned counsel for the petitioner submits that her client has not received any intimation as regards the costs to be deposited. It is out of

threat and fear that her client, who is 76 yeas old, is not residing at his residence at Shridharkat.

5.

The petitioner may visit the Hingalganj Police Station and ascertain the costs to be deposited. Upon deposit of costs, the Superintendent of Police shall consider through the Hingalganj Police Station the security to be deployed and enable the petitioner to reside peacefully in his house. 6.

Accordingly, the contempt application shall stand disposed of.

7.

Personal presence of the alleged contemnors, if any, are dispensed with.

8.

Rule, if any, shall stand discharged.

9.

There will be no order as to costs.

10.

Interim orders, if any, shall stand vacated.

11.

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