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Calcutta High CourtCPAN/1355/2023disposed

Bhanjan Mondal And ORS v. Indranil Mahato, The Officer-In-Charge, Nabagram Police Station

2024-08-13Hon'Ble Justice Jay Sengupta2 pages

44 13.08.2024 NB Ct. 17 CPAN 1355 of 2023 Bhanjan Mondal & Ors.

Vs.

Mr. Indranil Mahato In WPA 16189 of 2023 Bhanjan Mondal & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Subhsish Bhattacharya, Mr. Probal Sarkar.

...for the petitioners.

By an order dated 19.07.2023 passed in WPA 16189 of 2023, this Court, inter alia, directed that the police authorities shall keep vigil at the locale and see to it that no untoward incident took place. If the petitioners came up with a complaint of a cognizable offence, an FIR could be registered and investigated into.

Learned counsel appearing on behalf of the applicants/petitioners submits that after passing of this order, the same was duly communicated to the police authorities. Soon thereafter, the private respondent no.33 threatened the petitioners with dire consequences if they stepped into their land. In spite of bringing this to the police, no steps were taken. First, it does not appear that a cognizable offence has been alleged in the representation dated 02nd August, 2023 that could attract registration of the FIR.

In the order passed by this Court, there was a direction upon the police authorities to keep vigil and to maintain peace. Therefore, if a specific subsequent act warranting the police to come into action is made out and there is inaction in this regard, the petitioners shall be at liberty to approach this Court on such fresh cause of action.

However, I find no reason to pass any further order on this application for contempt. Accordingly, the same is disposed of without any further order, even as to costs. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)