Tapan Das v. State Of West Bengal And ORS.

04.04.2023.

Court No.13 Item No. 361 ap W.P.A. No. 20179 of 2022 Tapan Das

Versus

The State of West Bengal & Ors.

Mr. Shashwat Nayak.

...For the petitioner.

Mr. Asish Kumar Guha, Mr. Naren Ghosh Dastidar.

...For the State.

Affidavit-of-service filed in Court today be taken on record.

The petitioner complains that the private respondent continues to interfere with his possession over a property.

The private respondent is trying to encroach upon the petitioner's property and has assaulted him. The Officer-in-charge, Monteswar Police Station has filed a report dated 11th September, 2022. The same is taken on record.

It appears therefrom that on the petitioner's complaint, FIR has been registered and charge-sheet being C.S. No. 446 of 2021 dated 29th December, 2021 under Sections 448/323/506 of the Indian Penal Code has been filed.

Likewise, on the complaint of the private respondent, namely, Smt. Baruni Das, an FIR has been registered and charge-sheet being C.S. No. 306 of 2021 dated 29th September, 2021 under Sections

341/323/354/504/506/34 of the Indian Penal Code has been filed.

There is prima facie evidence of bad blood between the petitioner and the private respondent. The Officer-in-charge, Monteswar Police Station shall ensure that there is absolutely no breach of peace in the locale and shall keep regular vigil thereat. The Police shall also ensure that the petitioner and his family members are not in any way harmed. With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)