Sanjay Mondal v. State Of West Bengal And ORS.

19.06.2024 Ct. No. 14 Sl. No.15 KB In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 13423 of 2024 Sanjay Mondal Vs.

The State of West Bengal & Ors.

Mr. Diptangshu Basu ... For the petitioner.

Mr. Sk. Md. Galib Ms. Sujata Mukherjee ....For the State.

Mr. Uday Sankar Chattopadhyay Mr. Sandip Mondal Ms. Aishwarya Datta .... For the private respondent.

In response to the complaint lodged by the petitioner two FIRs have been registered being Burtolla Police Station Case No. 63 dated 9th May, 2024 under Sections 347/506/34 IPC and Burtolla Police Station Case No. 72 dated 17th May, 2024 under Section 380 IPC.

The report filed by the Officer-in-Charge, Burtolla Police Station signed on 7th June, 2024 mentions that the investigation of the case is in progress. The petitioner has been escorted back to his own house at the assistance of the police.

It has been submitted that in compliance of the direction passed by the Court, the police is keeping strict vigil around the property.

The report filed by the Officer-in-Charge mentions that considering the wretched financial condition of the private respondent who is a widow, her petition for recovery of certain amount of money was entertained by the police.

The report further mentions that a team of officers of Burtolla Police Station went to the residence of the petitioner to make enquiry and as the petitioner was not available in the residence enquiry was made from his wife. The petitioner volunteered to come to the Police Station to verify the allegation and in the Police Station the petitioner had conversation with the private respondents.

The stand of the police in entering into the private disputes of the parties for resolving the same is not appreciated by the Court. It is for the parties to approach the competent forum for relief. The police is not meant for resolving the private disputes in between private parties.

The petitioner has lodged further complaint of threat by unknown persons on 7th June, 2024 being GDE No. 540 dated 7th June, 2024; the police shall take

necessary steps in accordance with law in response to the said complaint.

The police is directed to continue with the investigation pursuant to the FIRs that have been registered and conclude the investigation in the right earnest at the earliest.

The police shall ensure that no harm is caused to the life and property of the petitioner.

Instruction filed by the Officer-in-Charge, Burtolla Police Station signed on 7th June, 2024 is taken on record.

The writ petition stands disposed of.

Urgent Photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)