Subhojyoti Ganguly v. State Of West Bengal And ORS.

18.12.23 11 Ct. No.14 Sws.M WPA 25020 of 2023 Subhojyoti Ganguly Vs.

The State of West Bengal & Ors.

Mr. Sayan Banerjee ...for the petitioner Mr. Amitesh Banerjee Mr. Wasim Ahmed Mr. Tarak Karan Sk. Md. Masud ... for the State No one appears on behalf of the respondent. Although the petitioner and the State are represented. Report as filed on behalf of the State is taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner had taken personal loan from the respondent No. 6. Out of a total sum of Rs. 9,00,000/- and odd, he paid back Rs.2,35,000/- online and Rs.1,50,000/- by cash. Thereafter, he started having some difficulty in repaying. However, instead of taking legal recourse, the private respondent No. 6 applied brute force and started threatening the petitioner. Even after filing of the writ petition the said respondent no. 6 called up the petitioner and threatened him. He even called up the advocate-on-record of the petitioner and

threatened him. He also came in the chamber of the learned advocate of the petitioner.

From the report filed by the State it appears that proceedings have been initiated under Section 107 of the Code against the private respondent no. 6. Learned Senior Standing Counsel representing the State submits that the issue of voice call made by the private respondent is also being inquired into. Police vigil has also been kept at the premises in question. A liberty was granted to file an application for contempt of Court. However, the same has not been filed.

Let the police authorities take necessary steps in this regard after fully inquiring into the matter of giving of threats even after the petitioner had approached this Court with his grievance.

Let the police authorities keep a sharp vigil at the locale and ensure that no breach of peace takes place.

With the observations, the writ petition is disposed of.

Urgent Photostat certified copy of this order be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J)