Din Mahammad Laskar v. State Of West Bengal And ORS.

29-11-2021 ct no. 13 Sl.40 sp WPA 13461 of 2021 Din Mahammad Laskar

Versus

The State of West Bengal & Ors.

(Via Video Conference) Mr. Kallol Kumar Basu, Md. Jannat Ul Firdous, Ms. Tithi Mazumder, Mr. Anindya Sundar Das, Ms. Chumki Chowdhuri ...for the petitioner Mr. Amitesh Banerjee, ld. Sr. Standing Counsel, Mr. Suddhadev Adak ...for the State The petitioner complains that his son and daughter-in-law, being private respondent nos. 4 and 5, are inflicting torture upon him and preventing him from entering into his house. It is submitted that the private respondents have caused damage to his property.

Mr.

Banerjee, learned senior counsel appearing for the State submits that the allegations of the petitioner of inaction by the police are untrue and incorrect. It is submitted that on receipt of a complaint from the petitioner and after modification thereof, the Jibantala Police Station investigated the case and submitted a charge sheet being No. 250/21 dated September 29, 2021 under Sections 448/323/506 and

Section 34 of the IPC against the private respondents.

It is expected that the said charge sheet is taken up for committal and trial may be commenced expeditiously.

The petitioner shall be permitted to enter into his house accompanied by the Officer-inCharge, Jibantala Police Station who shall ensure that there is no breach of peace in the locale. The O.C. shall maintain a regular vigil on the petitioner's premises and also ensure that the private respondents do not in any way disturb the peaceful possession of the petitioner.

The petitioner may take out other proceedings on his other grievances against the private respondents.

With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this judgment, if applied for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)