Snehasish Samanta v. State Of West Bengal And ORS.

11.11.2022.

Court No.13 Item No. 46 pk W.P.A. No. 23896 of 2022 Sri Snehasish Samanta

Versus

State of West Bengal and others Ms. Sanjukta Samanta ... for the petitioner.

Mr. Amitesh Banerjee, Ms. Ipsita Banerjee ... for the State.

The petitioner is aggrieved by the alleged inaction on the part of the Katwa Police Station. It is submitted that the private respondents have been threatening the petitioner for initiating W. P. No. 22215 of 2022 which is pending before a Co-ordinate Bench. In the said writ petition, the petitioner has alleged corruption and extortion by a postal employee and certain local persons being members of a political party. The said persons are trying to pressurise the petitioner into withdrawing the writ petition. The petitioner is stated to have been assaulted by the private respondents when he had gone to the local market. There are continuous threats being received by the petitioner. It is also stated that the Sub Inspector of Katwa Police Station had also warned and threatened the petitioner of being foisted with false cases and consequently of arrest and detention if the said writ petition is not withdrawn.

Counsel for the State has filed a report of the Katwa Police Station dated 06.11.2022. Katwa Police Station has made enquiries and found that the petitioner and the private respondent no. 8, Samir Samanta are cousin brothers and that there is property dispute between them. The complaint of the petitioner was immediately attended to as was that filed by the private respondents.

Counsel for the petitioner, who happens to be the petitioner's daughter submits that the private respondent is not the petitioner's cousin brother and may, at best, be a distant relative. It is also submitted that there are no property disputes with the private respondents.

The O. C., Katwa Police Station shall ensure that the petitioner is able to return to his house safely. The O. C., Katwa Police Station shall post a constable outside the residence of the petitioner, for 4 days from date.

The petitioner, or his daughter on his behalf, shall file a formal complaint by tomorrow with sufficient detail and naming all persons, who have threatened and have tried to pressurise the writ petitioner.

The said complaint shall be registered as FIR by the Katwa Police Station and due enquiry shall be

made. The statements of the writ petitioner shall be recorded forthwith.

Katwa Police Station shall immediately upon receipt of any complaint from the writ petitioner ensure appropriate security to him. Investigation must be conducted as expeditiously as possible.

The report of the Katwa Police Station dated 06.11.2022 is taken or record.

The writ petition is disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)