Pakhija Begum And ORS. v. State Of West Bengal And ORS.

02.12.2025 Ct. No.5 b.das WPA 24191 of 2025 Pakhija Begum & Ors.

Vs.

The State of W.B. & Ors.

Mr. Abhishek Haldar Mr. Maidul Islam Kayal Mr. Omar Faruk Gazi Md. Mulahuddin ...for the petitioners.

Mr. Nayan Chand Bihani Mr. Ranajit Roy ...for the State.

Report submitted by the State is taken on record. Heard learned counsels for the parties.

Learned counsel for the petitioners submits that after the alleged murder of a local leader of the ruling political dispensation, the petitioners were falsely implicated in the FIR lodged by the family of the diseased.

The petitioners were attacked and their houses ransacked. They were constrained to flee from their houses and have not been able to return till date. Every time they returned to their houses, a fresh complaint was lodged against them. The petitioners seek to return to their houses and reside there peacefully.

It appears from the report submitted by the State that several complaints have been lodged against the petitioners and investigations are pending. The report also demonstrates that there is a law and order issue in the

area in view of implication of the petitioners in several cases.

It is strange to note that on one hand the petitioners are unable to return to their residences and on the other hand they have been termed as absconders in the pending cases against them.

Since the petitioners intend to return to their residences and stay there peacefully, they are at liberty to approach the local police authority and inform the date and time when they wish to return.

The police authority shall render necessary assistance/protection to the petitioners in order to enable them to return to their residences and stay there peacefully. The police shall also keep strict vigil over the area and ensure that there is no breach of peace and tranquility at the behest of the local villagers during the petitioners' stay in their residences.

However, the police authority is at liberty to take necessary steps in accordance with law in connection with the complaints lodged against the petitioners. With the above observation and directions, the writ petition is disposed of.

There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted.

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

(Suvra Ghosh, J.)