Sunaina Devi Shaw And ANR v. State Of West Bengal And ORS.

13.04.2022.

Court No.13 Item No. 59 ap W.P.A. No. 20934 of 2021 Sunaina Devi Shaw & Anr.

Versus

The State of West Bengal & Ors.

Md. Manuwar Ali.

...For the petitioners.

Mr. Subhabrata Datta, Mr. Sanatan Panja.

...For the State.

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

The writ petitioners complain that private respondents son and daughter-in-law are threatening and intimidating them and inflicting torture to compel them to transfer a property in their favour.

The petitioners have made repeated complaints to the Liluah Police Station, which has taken out proceedings under Sections 107 and 116(C) of the Code of Criminal Procedure, 1973.

It also appears that there are two civil suits pending before the learned 6th Civil Judge (Junior Division), Howrah being Title Suit No. 676 of 2021 and Title Suit No. 943 of 2021.

The writ petitioners claim that the police should protect them.

This Court notes that the dispute is in respect of a property between the family members which is pending adjudication in the Civil Court.

The Officer-in-charge, Liluah Police Station shall, however, issue warning to the private respondents and shall ensure that they do not disturb the petitioners in any way.

Liluah Police shall maintain a strict vigil over the said premises and ensure that there is no breach of peace in the locale. The Liluah Police may conduct inspection from time to time and respond to any complaint of the petitioners immediately thereafter. With the aforesaid observations, the instant writ petition shall stand disposed of.

The report in the form of instructions of the Officer-in-charge, Liluah Police Station dated 24th January, 2022 addressed to the learned State Advocate is taken on record.

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.)