Kazi Enamul v. State Of West Bengal And ORS.

08.09.2023 WPA 19607 of 2023 Kazi Enamul -vsState of West Bengal & ors.

Mr. Pronojit Roy ....for the petitioner Mr. Satyajit Mandal Mr. Malay Dhar Mr. Amit Bikram Mahata ...for the respondent nos. 7 to 9 Mr. Suman Ghosh ...for the State Affidavit of service filed on behalf of the petitioner is ssi Ct 14 taken on record.

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

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner purchased a property from the respondent no.4. Later he came to know that the petitioner no.4 sold the property again to respondent nos. 7 to 9. After this, the private respondents had been disturbing, threatening and intimidating the petitioner. Complaints were lodged before the police authorities. But, no steps were taken.

Learned counsel appearing on behalf of the respondent nos. 7 to 9 submits as follows. The allegations made in the writ petition are denied. Actually, the respondent nos. 7 to 9 had sold their property to the respondent no.6. At best, this leads to a civil dispute. There is no question of threats being

given by any of the respondents to the petitioner. Learned counsel appearing on behalf of the State submits as follows. The FIR regarding cheating and forgery was lodged by the petitioner by filing an application under Section 156 (3) of the Code. After registration of the FIR, the allegations have been investigated into. The police have also taken steps on the complaint of threats given by the petitioner. A proceeding under Section 107 of the Code has been initiated in this regard.

It appears that there is a dispute regarding property between the private parties.

A criminal case is already pending and is being investigated into.

It also appears that the police have taken steps on the complaint of the petitioner by initiating a proceeding under Section 107 of the Code.

Therefore, no further order need be passed.

However, the police authorities shall keep a sharp vigil at the locale and ensure that no breach of peace takes place. Urgent Photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)