Sarbani Chowdhury v. State Of West Bengal And ORS.

24.01.2023 Court No.13 Item No.3 AP WPA 20292 of 2022 Sarbani Chowdhury Vs.

The State of West Bengal and Ors.

Mr. Sudip Ghosh Chowdhury Mr. Argha Das ... For the Petitioner.

Mr. Shayak Chakraborty ... For the State.

Supplementary affidavit filed by the petitioner is taken on record.

The petitioner has complained that after possession of her house was restored pursuant to an order of this Court dated 19th May, 2022 in WPA 8528 of 2022, she was again attacked. Her house was ransacked and she had to leave the house. A complaint to that effect has been lodged with Mogra Police Station. The Mogra Police has registered FIR and filed charge sheet being Mogra PS Charge Sheet No.303/22 dated 29th October, 2022 against seven accused persons.

There is clear evidence before this Court that the petitioner and her husband are being targeted by the private respondents inter alia for professing the ideology of a rival political party.

The report of the Mogra Police Station, however, indicates that there are several cases against the husband of the petitioner. the only case of substance appears to be a FIR, which resulted in a charge sheet being Mogra P.S. Charge Sheet No.347/14 dated 30th

September, 2014. The other complaints are with regard to hoax bomb call and climbing of a coconut tree demanding the presence of the Central Home Minister.

In the above circumstances, the Commissioner of Police, Chandernagore Police Commissionerate shall receive a formal comprehensive representation from the petitioner indicating threat perception to her. The perception of threat shall be assessed and a decision shall be taken within a period of four days after the receipt of such representation by the Commissioner of Police, Chandernagore Police Commissionerate.

Upon the threat perception being established, police picket may be posted in front of the petitioner's house for a period of one month.

The complaint of the writ petitioner dated 10th November, 2022 annexed to the supplementary affidavit shall be considered by the Mogra Police afresh. With the aforesaid directions, the writ petition is disposed of.

There shall be no order as to costs.

The report of the Officer-in-Charge, Mogra Police Station is taken on record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)