Charubala Das And ORS. v. The State Of West Bengal And ORS.

03.12.2024 W.P.A. 26184 of 2024 Item No.27 Ct. No.35 dc.

Charubala Das & Ors.

versus The State of West Bengal & Ors.

Mr. Falguni Bandyopadhyay, Ms. Riya Ballav ... For the Petitioners.

Mr. Ashim Kumar Ganguly, AGP, Ms. Tuhina Parvin ... For the State.

Mr. Abhijit Pal ... For the Respondent Nos. 8 to 12.

Report submitted by the learned advocate appearing for the State be kept with the record. The said report reflects that on conclusion of investigation in connection with Hasnabad Police Station Case No. 16/2024 dated 06.01.2024 charge-sheet was submitted under Sections 341/323/325/307/354B/379/34 of the Indian Penal Code. The police authorities as such have taken steps so far as the accusations are concerned.

Learned advocate appearing for the petitioners submits that in spite of civil court's order dated 07.06.2024 in Title Suit No. 479 of 2023 is pending wherein the learned Civil Judge (Sr. Divn.), Basirhat was pleased to direct the Officer-in-Charge, Hasnabad Police Station to implement the injunction order, the same has not been complied with.

In view of such contentions, I direct that if violation of the said order has been committed,

appropriate application be filed before the jurisdictional civil court already in seisin of the matter. However, the police authorities are directed to respect and obey the order passed by the civil court.

If the civil court finds that its order is violated, then in that case relevant provisions of BNS against the public servant be invoked by the civil court is concerned for implementing its order. It is further directed that in view of the inimical relationship between the parties, the police authorities would also keep a strict vigil so that no breach of peace takes place or any untoward incident results because of the relationship existing between the parties.

With the aforesaid observations, the writ petition being WPA 26184 of 2024 is disposed of. There shall be no order as to costs.

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

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

(Tirthankar Ghosh, J.)