Mosiar Bag v. State Of West Bengal And ORS.

02.05.2023.

Court No.13 Item No. 323 ap W.P.A. No. 22492 of 2022 Mosiar Bag

Versus

The State of West Bengal & Ors.

Mr. Subhasish Pachhal.

...For the petitioner.

Mr. Santanu Kumar Mitra, Mr. Subhabrata Das.

...For the State.

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

2. The petitioner complains of alleged inaction on the part of Bagnan Police Station in enforcing an order of injunction passed by the learned Civil Judge (Senior Division) at Uluberia, Howrah in Title Suit No. 44 of 2022.

3. There is no specific direction from the Civil Court on Bagnan Police Station. The petitioner has applied therefor.

4. It is, therefore, ordered that in the event of any specific order on the Bagnan Police Station by the Civil Court, the same shall be strictly enforced by the police.

5. On the petitioner's complaint against the private respondent, it appears that FIR No. 418 of 2022 dated 13th August, 2022 has been filed and investigation has been completed. Charge-sheet No. 349 of 2022 dated 22nd August, under Sections

448/323/427/506/34 of the Indian Penal Code has been filed by the Bagnan Police Station.

6. This Court, therefore, sees no inaction on the part of the police. Bagnan Police Station shall, however, ensure that there is absolutely no breach of peace in the area.

7. Bagnan Police Station has filed a report dated 29th September, 2022 in the form of instructions addressed to the Government Pleader, High Court, Calcutta. The same is kept with the record.

8. With the aforesaid directions, the instant writ petition shall stand disposed of.

9. There will be no order as to costs.

10.

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.)