Sri Ram Thakur v. State Of West Bengal And ORS.

29.11.2022 Court No.13 Item No.2 pk WPA 17591 of 2022 Sri Ram Thakur Vs.

The State of West Bengal and Ors.

Mr. Krishna Das Poddar ... For the Petitioner.

Mr. Tapan Kumar Mukherjee, Ms. Tuli Sinha ... For the State.

Mr. Angshuman Chakraborty, Mr. J. S. Saha ... for the private respondents.

Supplementary affidavit filed by the petitioner is taken on record.

The I. C., Madhyamgram Police Station has submitted instructions addressed to State advocate dated 29.11.2022. Enquiries have been made and the report of the police is taken on record.

There is definitely bad blood between the petitioner and the private respondents. Charge sheet has been filed against the son and the daughter-inlaw/private respondents being Charge Sheet No. 416 of 2022 dated 31.08.2022 under Sections 323/341 of the IPC and Section 24 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.

In the normal circumstances, given the clear evidence of charge sheet against the private respondents, this Court could have ordered coercive measures of their removal from the premises. However,

given the other facts mentioned in the police report of the involvement of the other two brothers, namely, Bijay Thakur and Ajay Thakur, who have not been impleaded as party respondents in the instant proceeding, this Court is not inclined to order any such coercive measures. The private respondents are warned and cautioned against any violence against the writ petitioner.

Madhyamgram Police shall, however, immediately take coercive measures if there is any substantial complaint of any violence by the private respondents against the petitioner. Due enquiries shall, however, be made by the Madhyamgram Police before taking any such step and the process of law shall be followed thereupon.

Madhyamgram Police shall maintain regular vigil over the premises.

Since the private respondents have not used any affidavit, the allegations made in the writ petition shall not be deemed to have been admitted by them. The writ petition is disposed of.

There will be no order as to costs.

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

(Rajasekhar Mantha, J.)