Nemai Chand Jana v. The State Of West Bengal And ORS.
Sl.No.
07.11.2024 WPA 25030 of 2024 Court No. 35 G.S.Das Nemai Chand Jana -VsThe State of West Bengal & Ors.
Mr. Sk. Toslim Ali ... for the Petitioner Mr. Jhuma Chakraborty, ld. Sr. Govt. Adv.
... for the State-respondent(s) The petitioner is aggrieved by the fact that in spite of the order of ad interim injunction passed by the learned Civil Judge (Jr. Divn.), 3rd Court, Paschim Medinipur in TS No. 294 of 2023, the respondents are trying to harass and humiliate him.
To that effect, a complaint was sent to the Superintendent of Police, Paschim Medinipur.
Learned advocate for the State has submitted a report, which reflects that the police authorities have, in the
circumstances of crisis, drawn up proceedings under Section 126 of the BNSS.
If there is any violation of the injunction order, the petitioner would approach the jurisdictional civil court for a direction upon the police authorities to implement such order.
So far as the violation of life and liberty of the petitioner and the act and actions so alleged at the behest of the private residents are concerned, the police authorities will enquire into the subsequent complaint which has been addressed to them.
If the petitioner is aggrieved by the actions of the police authorities, he would be at liberty to approach the jurisdictional criminal court under Section 175(3) of the cr.p.c.
The learned Magistrate would adhere to the provisions
of law and pass necessary orders.
With the aforesaid observations, WPA 25030 of 2024 is disposed of.
Report so submitted be kept with the record. Let a copy of the report be handed over to the learned advocate for the petitioner.
Affidavit of service so filed be also kept with the record.
Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)