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Calcutta High CourtWPA/15159/2024disposed

Krishnendu Mondal v. State Of West Bengal And ORS.

2024-06-06Hon'Ble Justice Aniruddha Roy3 pages

06.06.2024 Item No.13 gd/ssd WPA/15159/2024 KRISHNENDU MONDAL VS STATE OF WEST BENGAL AND ORS.

Mr. Sankar Prosad Dalapati, Mr. Kalyan Chatterjee, Ms. Sudeshna Mondal ..for the Petitioner.

Ms. Rupsha Chakraborty, Mr. Sayan Datta ..for the State.

Md. Sarwar Jahan, Mr. Dipankar Mandal ..for the Respondent Nos.6 and 7.

Affidavit of service filed today is taken on record.

The writ petitioner prays for protection and assurance of his life, liberty and an alleged property. Mr. Sankar Prosad Dalapati, learned counsel appears for the petitioner.

Ms.

Rupsha Chakraborty, learned State counsel appears for the State respondents.

Mr. Sarwar Jahan, learned counsel appears for the respondent nos.6 and 7 on virtual mode. The respondent no.6 is the cousin grandfather of the petitioner.

The petitioner contends that despite repeated complaints the jurisdictional police authority failed

to protect the right and liberty of the petitioner and his alleged property.

Learned State counsel submits a report dated June 3, 2024 issued under the seal and signature of the Inspector of Police, IC Narendrapur, PSBaruipur, the same is taken on record. The police report shows that the police authority has taken all due steps possible to be taken in accordance with law including the submission of an inquiry report and the prosecution against some of individuals under Sections 107/116(3) of the Criminal Procedure Code.

Learned State counsel further submits that it is really a private dispute between the family members and a rival claims on the property.

After considering the submissions made on behalf of the parties and upon perusal of the materials on record, it appears to this court that the police authority has taken due steps in accordance with law.

However, if any further complaint is received by the police authority, they shall also take expeditious steps strictly in accordance with law. It is made clear that this order shall not create any right or equity in favour of the petitioner or the private respondents in respect of the subject property.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

With the above observations, this writ petition, WPA 15159 of 2024 stands disposed of without any order as to costs.

Urgent certified copy of this order, if applied for, be given to the learned advocates for the parties on usual formalities.

(ANIRUDDHA ROY, J.)