Matiyar Laskar v. The State Of West Bengal And ORS.

03.10.2024 W.P.A. 18988 of 2024 Item No.46 Ct. No.35 dc.

Matiyar Laskar versus The State of West Bengal & Ors.

Dr. Debabrata Karan, Mr. Debopriyo Karan ... For the Petitioner.

Mr. Rajarshi Basu, Mr. Shehnaz Tareq Mina ... For the State.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The petitioner is aggrieved by the fact that there has been no progress in the investigation which was initiated at his behest by way of filing an application under Section 156(3) of the Code of Criminal Procedure.

The learned advocate appearing for the petitioner complains that the petitioner and his relations are being assaulted and are not allowed to enter the area where the petitioner is having his cultivable land. The petitioner is apprehending that there may be serious consequence once he enters the jurisdiction. According to the learned advocate for the petitioner, the private respondents and/or the accused persons are dangerous in nature who are in the habit of taking the law in their own hands and as such, after initiation and registration of the

case, the accused persons obtained bail and are continuing with their illegal acts of threatening the petitioner and/or his family members.

A jurisdictional court is in seisin of Jibantala Police Station Case No. 56 of 2024 dated 31.01.2024. If the private respondents and/or the accused persons have exceeded their authority and to that effect, the complaint has not been acted upon by the investigating agency, in that case the petitioner would be at liberty to pray for cancellation of the bail which has been granted by the jurisdictional court. So far as the issue relating to violation of law and order is concerned, Jibantala Police Station would keep a strict vigil in the area and will not allow either of the parties to take the law in their own hands thereby preventing any breach of peace and tranquility in respect of the subject property in dispute.

With the aforesaid observations, the writ petition being WPA 18988 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

There shall be no order as to costs.

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.)