Rabi Sarkar v. State Of West Bengal And ORS.
26.06.2025 WPA 12619 of 2025 Sl.No.
Court No. 35 Rabi Sarkar -VsThe State of West Bengal & Ors.
G.S.Das Ms. Aparajita Mondal Mr. Biplab Adak ... for the Petitioner(s) Mr. Jayanta Samanta, ld. Jr. Govt. Adv.
Mr. Suvendu Sengupta ... for the State-respondent(s) Mr. S. Nandy ... for the pvt. respondent nos. 4&7 The petitioner alleges that information was furnished with the Officerin-charge of Balagarh Police Station as the private respondents are trying to grab his property and when he resisted, he was assaulted with fists and blows and the modesty of his wife was outraged.
The private respondents also threatened the petitioner and inspite of the police authorities having full knowledge of the same, no steps were taken by them.
Learned advocate for the private
respondent nos. 4 to 7 submits that the dispute has its genesis in the undivided property and the private respondent nos. 4 and 7 are the co-owners.
State has submitted a report which reflects that because of the nature of the dispute, no steps have been taken.
Having regard to the fact that the petitioner has alleged in the written complaint regarding the issue of assault as well as outraging of modesty and no steps have been taken by the police authorities, I grant liberty to the petitioner to approach the jurisdictional court as, prima facie, it reflects from the complaint that cognizable offence has been made out.
In the meantime, the police authorities would keep a strict vigil and ensure that no breach of the peace and/or tranquility takes place as also no untoward incident results because of the
strained relationship existing between the parties.
With the aforesaid observations, WPA 12619 of 2025 is disposed of.
Pending application(s), if any, is also disposed of.
Report so submitted be kept with the record. Copies of the report be handed over to both the parties.
Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.
(Tirthankar Ghosh, J.)