Sandhya Rani Naskar v. State Of West Bengal & ORS

27.04.2022.

Court No.13 Item No. 45 ap W.P.A. No. 22570 of 2019 Sandhya Rani Naskar

Versus

The State of West Bengal & Ors.

Mr. Uday Sankar Chattopadhyay, Mr. Rabi Sankar Chattopadhyay, Mr. Suman Sankar Chattopadhyay, Mr. Pronay Basak.

...For the petitioner.

Mr. Raja Saha, Mr. Bibekananda Tripathy.

...For the State.

The writ petitioner complains that the private respondents have entered into her house, set it on fire, have stolen her articles, damaged her property and outraged her modesty.

Usthi Police Station has registered a case against the persons and charge-sheet being C.S. No. 357 of 2019 dated 30.11.2019 under Sections 447/435/427/506/34 of the Indian Penal Code has been filed. In respect of a further complaint from the petitioner on 14th September, 2019 against 14 persons, a second FIR has been registered, which has resulted in a charge-sheet being C.S. No. 375 of 2019 dated 17.12.2019 under Sections 447/323/354/506/34 of the Indian Penal Code.

This Court is of the view that police have taken sufficient measures on the complaint of the petitioner.

However, since the petitioner continues to complain that she is unable to enter her house or access her property, Officer-in-charge, Usthi Police Station shall depute appropriate personnel to accompany the petitioner and her family members back into her residence. The petitioner and her family members shall not create any breach of peace in the said area.

Officer-in-charge, Usthi Police Station shall maintain a regular vigil over the petitioner's property and ensure that there is no breach of peace in the locality, by any person whatsoever.

For the aforesaid purpose, the petitioner and her family members shall report to the Police Station on an convenient day as may be indicated by the Officer-incharge, Usthi Police Station to carry out the aforesaid order.

With the aforesaid observations, the instant writ petition shall stand disposed of.

The report in the form of instructions of Usthi Police Station dated 21.04.2022 addressed to the learned Government Pleader, High Court, Calcutta be taken on record.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)