Souvik Banerjee v. State Of West Bengal And ORS.

15.07.2022 Sl.No.120(ML) srm W.P.A. No. 11612 of 2022 Souvik Banerjee

Versus

The State of West Bengal & Ors.

Mr. Sujit Kumar Rath, Mr. Sukumar Sarkar ... for the Petitioner.

Mr. Pantu Deb Roy, Mr. Subrata Guha Biswas ...for the State-respondents.

Affidavit-of-service is taken on record.

Mr. Rath, learned Advocate appearing on behalf of the petitioner, submits on instruction that pursuant to the complaint lodged by the petitioner, the police authorities enquired into the matter and interrogated the parties. Upon conclusion of the interrogation, the parties informed the police that the dispute was primarily over cultivation of land. Rival claims to the landed property had been made. Both the parties gave a declaration before the police that the matter would be amicably settled.

Thus, it is clear that the dispute is civil in nature. The police authorities, however, anticipated breach of peace and submitted prosecution under Section 107 of the Code of Criminal Procedure.

In the opinion of the Court, nothing further remains to be done in the matter. The Officer-in-Charge, Nabagram Police Station, shall ensure peace and tranquility and prevent further untoward incidents. 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.)