Md. Arif Ali And ORS. v. State Of West Bengal And ORS.

30-06-2023 ct no. 13 sl. 21 sp WPA 15365 of 2023 Md. Arif Ali & Ors.

-VersusThe State of West Bengal & Ors.

Mr. Mrityunjoy Chatterjee, Mr. Debapriya Majumder ...for the petitioners Mr. Amitesh Banerjee, ld. Sr. St. Counsel, Ms. Ipsita Banerjee, Mr. Suddhadev Adak ...for the State 1.

The petitioners are contesting the forthcoming Panchayat and the Zilla Parisad Election.

2.

The Kaliachak Police Station has registered an FIR being Kaliachak PS Case No. 722 of 2023 dated 17.06.2023, inter alia, under Sections 109/120B/302/34 of the IPC against the petitioners.

3.

Counsel for the petitioners submits that they have been falsely implicated in the said FIR and the complaint only indicated threat and intimidation by them.

4.

Be that as it may, since this Court does not wish to enter into the complaint of the FIR at this stage in view of the same orders being passed in a number of matters, let no coercive

steps be taken by the Kaliachak Police Station or the State police in respect of the subject FIR, until July 15, against the petitioners.

5.

The petitioners shall report to the Kaliachak Police Station between 10 and 10.30 am to record their presence within the jurisdiction of the Police Station on every alternative day until July 15, 2023.

6.

On the day they do not have to appear, they shall be available over the mobile phone to the Officer-in-Charge of the Kaliachak Police Station, who shall be entitled to ascertain the petitioners' whereabouts.

7.

For the aforesaid purpose, the petitioners shall communicate in writing their residential addresses and their mobile numbers and that of their wives for communication.

8.

The Officer-in-Charge, Kaliachak Police Station shall be entitled to verify the petitioners' location at any number of times on any day until July 15, 2023.

9.

The petitioners undertake to keep their mobile phone open and accessible.

10.

The petitioners and/or their supporters and/or their candidates may freely campaign in the ensuing election.

11.

With the aforesaid observations, the writ petition shall stand disposed of.

12.

There shall be no order as to costs.

13.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)