Amrul Mandal Alias Amirul Islam v. State Of West Bengal And ORS.

25.08.2023 agm/d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 18378 of 2023 Amrul Mandal @ Amirul Islam -versus The State of West Bengal & Ors.

Sk. Humayan Reza.

...For the Petitioner.

Mr. Suman Sengupta, Ms. Amrita Panja Moulick.

...For the State.

Affidavit-of-service filed on behalf of the petitioner. Despite service no one appears on behalf of the private respondent.

Learned advocate appearing for the petitioner submits as follows. The petitioner is the owner of the property in question. Earlier he had gifted away the property to his son, the respondent no. 5 herein. However, since he had been behaving badly and torturing the petitioner and his wife, the petitioner revoked such gift. The torture has continued unabated. Although this was brought to the notice of the local police authorities, no effective steps have been taken. Learned advocate appearing for the State relies on a report which is taken on record and submits as follows. There is a dispute between the family members. As no cognizable offence was made out, no FIR was registered. However, on the complaint by the petitioner a proceeding was initiated under Section 107 of the

Code of Criminal Procedure. The police are keeping watch in the locality.

It appears that the police have taken some steps on the complaint lodged by the petitioner. A proceeding under Section 107 of the Code was initiated. Otherwise the matter seems to be a dispute of family members. However, if any untoward incident takes place, the petitioner shall be at liberty to intimate the local police station who shall take appropriate steps in accordance with law.

The police shall keep strict vigil at the locale and ensure that no breach of peace takes place.

With these observations, the writ petition is disposed of.

Urgent photocopy certified of this order may be applied to the parties expeditiously, if applied for. ( Jay Sengupta, J.)