Mousumi Mondal v. State Of West Bengal And ORS.

20.03.2025 WPA 16075 of 2024 Sl.No.

Court No. 35 Mousumi Mondal -VsThe State of West Bengal & Ors.

G.S.Das Mr. Rameshwar Sinha Mr. F. Rahaman Ms. Debanjana Sen Ms. Sahana Aktar Mr. Krishnendu Modak ... for the Petitioner(s) Mr. Wasim Ahmed Mr. Harun-Al-Rashid ... for the State-respondent(s) Ms. Sananda Bhattacharyya Ms. B. Khatun ... for the Private Respondent(s) Supplementary Affidavit so filed be kept with the record.

The petitioner complains that she and her handicapped child are being physically abused in spite of the directions passed by civil court restraining the private respondents from interfering with the possession of the property.

Learned advocate also submits that the private respondents are adamant in

dispossessing the petitioner and her child from the property. Several intimations, to that effect, have been addressed to the Inspector-in-charge of Bagnan police station. However, no steps have been taken for providing security to petitioner who feels insecurity because of the activities of the private respondents.

Mr.

Ahmed, advocate appearing for the State, submits that two criminal cases being Bagnan P.S. Case No. 334 of 2024 dated 01.07.2024 and Bagnan P.S. Case No. 664 of 2024 dated 02.12.2024 have been registered on the information furnished by the petitioner.

Further, the police authorities are ready and willing to take steps so far as the accusations in respect of interference with the life and property of the petitioner is concerned.

In respect of the right, title, interest and possession of the property, the police authorities would ensure that

the civil court's order is being respected and obeyed.

So far as security is concerned, as an apprehension has been expressed that in spite of two criminal cases being registered, private respondents are aggressive and trying to flex their muscle power to grab the property, I direct that, in case any illegal activities of the private respondents are complained of before jurisdictional Court in seisin of the criminal cases being Bagnan P.S. Case No. 334 of 2024 and Bagnan P.S. Case No. 664 of 2024, the learned court will impose and/or modify the condition of bail thereby directing the private respondents to stay outside the jurisdiction of the concerned police station.

In case, any application is preferred seeking protection under the relevant provisions of Witness Protection Scheme, the learned Magistrate

will call for a threat perception report, thereafter, pass directions upon the police authorities to provide all possible assitance according to the Scheme.

The police authorities would also ensure that no further untoward incident results because of the inimical relationship existing between the parties.

With the aforesaid observations, WPA 16075 of 2024 is disposed of.

Pending application(s), if any, is also disposed of.

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.)