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Calcutta High CourtWPA/21728/2023disposed

Debabrata Maity v. State Of West Bengal And ORS.

2023-09-08Hon'Ble Justice Jay Sengupta2 pages

September 8, 2023 AD 5 Court No.14 SG WPA 21728 of 2023 Debabrata Maity vs.

The State of West Bengal and others .

Mr. Sandipan Das Mr. Badrul Karim Mr. Dipankar Das Ms. Indrani Roy Ms. Priyanka Paul ... for the petitioner Mr. Ashim Kumar Ganguly Ms. Jyotsna Roy Mukherjee ... for the State Affidavit of service filed in Court is taken on record. A report filed by the State is also taken on record. Learned advocate for the petitioner submits as follows. The petitioner had been the upa-pradhan of the gram panchayat since 2008 for three terms. He belongs to the ruling political dispensation. The miscreants belong to another faction of the ruling political party. They are disturbing, threatening and intimidating the petitioner and committing acts of violence. He has sought police protection, but the same was denied.

Learned counsel for the State relies on the report and submits as follows. As no cognizable offence was made out, no FIR was registered. The police have acted on the complaints and initiated a proceeding under Section 107 of the Code. The police are keeping close watch in the locality.

There is an on-going tussle between two factions of ruling political dispensation at the particular locality. The petitioner has made complaints which according to him remain unattended.

However, it appears that the police have actually initiated proceedings under Section 107 of the Code. Therefore, no further order need be passed in this regard.

The police shall keep a sharp vigil at the locale and see that no breach of peace takes place.

In the event any untoward incident occurs or is apprehended by the petitioner, the petitioner shall be at liberty to inform the Officer-in-Charge of local police station about the same who shall act in accordance with law.

With these observations, the writ petition is disposed of.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

( Jay Sengupta, J.)