Saiful Shah v. State Of West Bengal And ORS.

13.9.2023 Ct. No. 14 SB W.P.A. 19781 of 2023 Saiful Shah Vs.

The State of West Bengal & Ors.

Mr. Omar Faruk Gazi ... for the petitioner Mr. Ashim Kumar Ganguly Sk. Md. Masud ... for the State Mr. Abdul Aziz Mondal ... for respondent no. 5 Affidavit of service filed by the petitioner is 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 is an accused in a murder case. After he was granted bail by this Court, he went to enter into his own house. But, he found that the house has been vandalized. The local people are threatening and intimidating the petitioner. In such fear the petitioner is unable to enter into village. Accordingly, he seeks police protection for coming back to his house.

Learned counsel appearing on behalf of the private respondent submits as follows. The allegations made in the writ petition are denied. The private respondent is the mother of the victim deceased who was murdered by the petitioner and others. She is a helpless lady and is being threatened by the petitioner and his accomplices to withdraw the case. A case has been started in this regard.

Learned counsel appearing on behalf of the State relies on the report and submits as follows. On the allegation made by the petitioner, police authorities have already initiated a

proceeding under Section 107 of the Code. On the complaint of respondent no. 5, an F.I.R. was lodged being Hogalberia P.S. Case No. 164 of 2023 dated 04.7.2023. The police are keeping a close watch on the developments in the locality. It appears that there are allegation and counter allegation between the petitioner and the mother of the victim deceased. A step has been taken by the police authorities by initiating a proceeding under Section 107 of the Code. Let the police authorities keep a strict vigil at the locale and ensure that no breach of peace takes place. With this observation, the writ petition is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon completion of requisite formalities.

(JAY SENGUPTA, J.)