Arjuman Begum And ORS. v. State Of West Bengal And ORS.

06 09.10.2023 NB Ct. 14 WPA 18592 of 2023 Arjuman Begum & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Mrityunjoy Chatterjee, Mr. Imdodul Haque, Mr. Debapriya Majumder, Md. Abu Safdar.

...for the petitioners.

Mr. Ansar Mandal, ld. AGP., Md. Iddris., ...for the State.

Mr. Tirthankar Dhali, Mr. Sayantan Adhya.

...for the respondent nos.4 to11.

Supplementary affidavit filed on behalf of the petitioners is taken on record.

Copy of the same has been handed over the learned counsels for the other side.

Report filed on behalf of the State is also taken on record.

Learned counsel appearing on behalf of the petitioners submits that his clients would not like to press the prayer of quashing of Harischandrapur Police Station Case No.744/23 dated 22.07.2023 at this stage and instead would pray for strict compliance of a direction passed by a coordinate Bench of this Court on 15.09.2023 in CRM (SB) 165 of 2023 that the opposite parties therein shall not enter into the jurisdiction of Malda, except with the permission of the Office of the Superintendent of Police, Malda. The private respondents had

committed arson in the house of the petitioners for which no action was taken by the police. Only after the filing of the present writ petition, an FIR has been registered. Let the same be investigated in accordance with law.

Learned counsel appearing on behalf of the private respondents submits as follows. The allegations made in the writ petition are denied. There is already an FIR lodged by the private respondents being Harishchandrapur Police Station Case No.744 dated 22.07.2023 and Case No.897 dated 24.08.2023. Let these cases be investigated in accordance with law. It is also submitted that the petitioners have not violated the conditions laid down by the coordinate Bench of this Court and will not do so in future.

Learned counsel appearing on behalf of the State relies on the report and submits as follows. In all there are five criminal cases that have been lodged and are pending between the private parties. All the investigations are being conducted in accordance with law. The police are keeping a close watch on the developments in the locality. It appears that the petitioners' grievance has been substantially redressed inasmuch as during pendency of the writ petition, an FIR has been registered by the police authorities on the complaint of the petitioners. Let all the cases pending between the private parties be investigated expeditiously and in accordance with law. The police shall keep a sharp vigil at the locale and ensure that no breach of peace takes place and see to it that no order of any Court is violated including the Order dated

15.09.2023 passed by a coordinate Bench of this Court in CRM (SB) 165 of 2023.

With these observations, the writ petition is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)