Kurman Sk. And ANR v. State Of West Bengal And ORS.

D/L 52 07.10.2024 Rohit ct.no.7 W.P.A. 23278 of 2024 Kurman Sk. & Another

Versus

The State of West Bengal and others Mr. Debabrata Mondal Mr. Sreetama Neogi ...for the petitioners.

Mr. Amal Kr. Sen Mr. Sahina Sumi ...for the State.

The petitioner alleges that the police authorities have not taken any steps pursuant to the various complaints lodged by the petitioner with the Officer-in-Charge of the Tehatta Police Station. The petitioner further alleges that the private respondents herein are creating disturbances in the peaceful possession of the petitioner in respect of the property which is the subject matter of a partition suit and the police authorities have not taken any steps to implement the order of status quo passed by the learned Civil Court.

None appears for the private respondents.

Affidavit-of-service is taken on record.

Mr. Sen, learned Additional Government Pleader appearing for the State files a report of the Inspector-in-charge of Tehatta Police Station dated 19.09.2024 which is taken on record.

He submits that the police authorities have taken steps on the basis of the complaints lodged by the petitioner. FIRs were registered and after completion of investigation, charge sheets have also been laid.

After going through the said report this Court finds that pursuant to one of the complaint lodged by the petitioner, Tehatta Police Station Case No. 819 of was registered and after completion of investigation Tehatta Police Station Charge Sheet No. 1024 of 2022 was filed on 31.12.2022.

The report further states that pursuant to another complaint of the petitioner, Tehatta Police Station Case No. 1118 of 2022 dated 25.12.2022 was registered and after completion of investigation Tehatta Police Station Charge Sheet No. 58 of 2022 dated 31.01.2023 has been filed. It further appears that another complaint was lodged by the petitioner which resulted in registration of an FIR being Tehatta Police Station Case No. 618 of 2023 dated 06.08.2023 and in connection with the said FIR investigation had

been completed and charge sheet had been filed being Tehatta Police Station Charge Sheet No. 683 of 2023. Thus it appears that the police authorities have taken steps pursuant to the complaints lodged by the petitioner. A suit for partition being T.S. No. 138 of 2022 is pending between the petitioner and the private respondents before the learned Civil Judge, (Senior Division) at Tehatta, Nadia. The learned Civil Judge passed an order on 10.01.2023 directing the plaintiff and the defendant no. 1 i.e. the petitioner and the private respondent to maintain Status Quo in respect of nature, character and possession of the suit property till the final disposal of the suit. It further appears from the record that by an order dated 25.06.2024 the learned Civil Judge directed the Inspector-in-Charge of Tehatta Police Station to take necessary action for proper implementation of the injunction order.

Since the Civil Court has already directed the Inspector-in-Charge of Tehatta Police Station to implement the order of Status Quo, this Court directs the Inspector-in-Charge of Tehatta Police Station to comply with the direction passed by the learned Civil Judge in the order dated 25.06.2024.

With the above observations and directions the writ petition stands disposed of.

No order as to costs.

Photostat certified copies, if applied for, be given to the parties upon compliance with all requisite formalities.

(Hiranmay Bhattacharyya, J.)