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Calcutta High CourtWPA/21648/2024disposed

Sunita Adhikari v. The State Of West Bengal And ORS.

2024-10-04Hon'Ble Justice Hiranmay Bhattacharyya3 pages

D/L.85.

October 4, 2024.

MNS.

WPA No. 21648 of 2024 Sumita Adhikary Vs.

The State of West Bengal and others Mr. Joy Chakraborty, Mr. Sandip Dinda ... for the petitioner.

Ms. Sonal Sinha ...for the State.

Mr. Dyutiman Banerjee, Mr. Vishal Mallick ...for the private respondents.

Pursuant to the earlier order dated September 25, 2024, the learned Advocate appearing for the State files a report of the Inspector-in-Charge of Joynagar Police Station dated October 3, 2024, which is taken on record. After going through the said report this Court finds that pursuant to the complaint lodged by the petitioner, Joynagar Police Station Case No. 783 of 2024 dated October 1, 2024 under Section 329(4)/126(2)/115(2)/117(2)/74/351/3(5) of the BNS has been initiated against the private respondents.

State submits that the investigation is in progress.

petitioner submits that the private respondents are continuously threatening the petitioner.

It is not in dispute that a suit, being Title Suit No. 784 of 2023 is pending before the learned Civil Judge (Junior Division), 3rd Court at Baruipur, between the petitioner and the private respondent no. 5 herein.

private respondents submits that during the pendency of the civil suit, the private respondents have been ousted from their property by the petitioner. The learned Advocate appearing for the private respondents further submits that the petitioner has lodged false complaint and is trying to create undue pressure upon the private respondents by lodging such false complaint.

It appears from the report of the Inspectorin-Charge of Joynagar Police Station that the police authorities have registered an FIR pursuant to the complaint lodged by the petitioner. The concerned Officer-in-Charge is directed to conclude the investigation expeditiously and take all consequential steps thereupon.

It will be open to the private respondents to approach the civil court for appropriate reliefs with

regard to the allegation that they have been ousted from their property by the petitioner. petitioner submits that the police authorities should be directed to protect the life of the petitioner and his family members.

In view thereof, the Officer-in-Charge of Joynagar Police Station is directed to protect the life of the petitioner and his family members in accordance with law.

With the above observations and directions, the writ petition stands disposed of. There will be no order as to costs.

Photostat certified copy, if applied for, be given to the parties.

(Hiranmay Bhattacharyya, J.)