Joynarayan Pasi v. State Of West Bengal And ORS.

S/L 100 (ML) 10.08.2022 Court. No. 19 GB WPA 13996 of 2022 Joynarayan Pasi VS The State of West Bengal & Ors.

Ms. Aparajita Mondal.

... for the Petitioner.

Ms. Jayeeta Sinha, Mr. Sandip Mandal.

... for the State.

Mr. Uttam Banerjee, Mr. Aniruddha Singha Roy, Mr. A. Pathak.

... for the Respondent No.4.

Affidavit-of-service filed in Court today, be kept with the record.

The dispute although appears to be one between father and the son over some property belonging to the father, the allegations against the respondent no.4 are quite serious.

The police authorities on receipt of several complaints from the petitioner, had initially enquired into the matter and submitted prosecution under Sections 107 and 116(3) of the Code of Criminal Procedure, against the respondent No.7.

However, when the petitioner repeatedly alleged physical and mental torture by his son and continuous pressure to transfer the property, Tarakeswar Police Station Case No.158 of 2022 dated July 11, 2022 under Sections 341/323/406/506 of the Indian Penal Code was registered and the investigation is under progress. It appears that the parties are residing in the same premises.

Thus, the police authorities, apart from continuing with the investigation in a free, fair and proper manner, shall also ensure that the petitioner is well protected and the respondent no.4 does not cause any harm to the petitioner in any manner whatsoever.

This order shall not be construed as an observation on the merits of the investigation, as the investigation is under progress.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)