Aparna Singha Roy And ORS. v. The State Of West Bengal And ORS.

D/L40 28.11.2024 Bpg.

ct.no.35 W.P.A.25953 of 2024 Aparna Singha Roy & Ors.

Versus

The State of West Bengal & Ors.

Mr. Jyoti Prakash Chatterjee.

...for the petitioners.

Mr. Suman Ghosh Ms. Munmun Tewary.

...for the State-respondents.

Mr. Jayanta Narayan Chatterjee Ms. S.S. Roy Mr. Supreem Naskar Ms. Jayashree Patra Ms. Ritushree Banerjee Mr. Bhaskar Mondal.

...for the respondent nos.7 to 10.

Affidavit-of-service filed by the petitioners be kept with the record.

Learned advocate appearing for the petitioners has filed supplementary affidavit. Copies of the same have been handed over to the learned advocate appearing for the private respondent nos.7 to 10 as also the learned advocate appearing on behalf of the State.

The dispute primarily is between the son and the mother. Mother has approached this Court with accusations.

Mr. Ghosh, learned advocate appearing on behalf of the State has submitted a report which reflects that there are number of cases registered with Kalna Police Station wherein either the petitioners or the respondents are the de facto complainants or the accused. It has been submitted on behalf of the State that the genesis of the case is because of property dispute.

Mr. Jayanta Narayan Chatterjee, learned advocate appearing on behalf of the respondent nos.7 to 10 submits that the facts have been distorted and the private respondent nos.7 to 10 have been victimised using emotions.

I have considered the submissions of the respective parties and on an assessment of the same, I am of the view that the police authorities have acted in accordance with the provisions of law whenever cognizable offence has surfaced in course of the dispute arising between the parties.

However, learned advocate for the petitioners is apprehensive regarding the fact that they may be abused, harassed and heckled at the behest of the private respondent nos.7 to 10.

As criminal case is pending between the parties, I direct the Inspector-in-Charge, Kalna Police Station to keep a strict vigil and to ensure that no

breach of the peace or untoward incident henceforth takes place as the petitioners and the private respondent nos.7 to 10 are at loggerhead.

As the petitioners express that they have a threat perception, the Inspector-in-Charge, Kalna Police Station would prepare a threat analysis report and submit the same to the jurisdictional court regarding the degree of threat perception.

With the aforesaid observations, WPA 25953 of 2024 is disposed of.

There will be no order as to costs.

Report so submitted by the State be kept with the record.

Copies of the report be handed over to both the parties.

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

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

(Tirthankar Ghosh, J.)