Sumanta Das v. State Of West Bengal And ORS.

16.05.2023.

Court No.13 Item No. 339 ap W.P.A. No. 25062 of 2022 Sumanta Das

Versus

The State of West Bengal & Ors.

Ms. Piyali Mukherjee.

...For the petitioner.

Mr. Amal Kumar Sen, Mr. Jaladhi Das.

...For the State.

1. Affidavit-of-service filed in Court today be taken on record.

2. The petitioner is aggrieved that Amdanga Police Station has not registered any FIR in respect of various complaints against the private respondents.

3. The report of Amdanga Police dated 23rd November, 2022 in the form of instructions addressed to the Government Pleader, High Court, Calcutta filed in Court today be taken on record.

4. It appears therefrom that Police has registered FIR vide C. Case No. 2171 of 2016 against Gopal Debnath, Sudha Debnath, Joydeb Debnath and Basudeb Debnath. It further appears therefrom that investigation is completed and final report No.440 of 2018 dated 31st October, 2018 has been submitted. It also appears therefrom that in respect of another complaint dated 7th October, 2022, Amdanga Police Station has taken up proceedings under Section 107 of the Code of Criminal Procedure.

5. This Court endorses the views of the police that the dispute between the petitioner and the private respondents is civil in nature.

6. In the above circumstances, this Court does not find any inaction on the part of Amdanga Police Station. The Police shall ensure that there is absolutely no breach of peace in the area.

7. In the event the petitioner complain of any further threat or intimidation by the private respondents, appropriate steps may be taken by Amdanga Police Station after assessing the threat perception.

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

9. There will be no order as to costs.

10.

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.)