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Calcutta High CourtWPA/18452/2024disposed

Md. Mostak Hossain @ Md. Mostafa v. The State Of West Bengal And ORS.

2025-02-06Hon'Ble Justice Tirthankar Ghosh3 pages

W.P.A. 18452 of 2024 Md. Mostak Hossain @ Md. Mostafa.

VS The State of West Bengal & Ors.

Mr. Robiul Islam, Mr. Raju Mondal, Mr. Masood Rahman.

... for the Petitioner.

Mr. Partha Deb Roy, Ld. AGP, Mr. Pannalal Bandyopadhyay.

... for the State.

Petitioner submits that after the police picket 06.02.2025 Court No. 35 Item No.20 Rakib was not available as the order passed in WPA 23946 of 2023, the accused persons had been increasing there torture and as such there were consequent criminal cases which have been registered. According to the petitioner the act and action of the accused persons are such that they are ignoring the orders of the Court and are in the habit of taking law in their own hands.

The police report so submitted reflects that cases which have been registered are Ratua PS case no. 402/23 dated 12.07.2023, Ratua PS case no. 107/24 dated 06.03.2024, Ratua PS case no. 139/24 dated 21.03.2024. On completion of investigation charge-sheet has been submitted in all the cases. Having considered the steps taken by the police authorities and the fact that the dispute and

difference between the petitioner and his associates and the accused persons still continue, I direct that the petitioner would be at liberty to bring the subsequent changes to the notice of the learned Court in seisin of Ratua PS cases. Concerned Court will, if required modify, vary, cancel the bail granted to the persons who are in the habit of breaking the law and public order. It is further directed if the said Court is of the opinion it can direct the persons who are violating the Courts order to stay outside the jurisdiction of Ratua Police Station.

Police authorities are directed to keep a strict vigil and to ensure that no breach of the peace and/or tranquility take place and/or any untoward incident results because of the inimical relationship existing between the parties.

With the aforesaid observations WPA 18452 of 2024 is disposed of.

Report earlier submitted by the State. Let the same be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)