Lily Rani Sen And And Another v. State Of West Bengal And ORS.

28.03.2023.

Court No.13 Item No. 13 ap W.P.A. No. 26375 of 2022 Lily Rani Sen & Anr.

Versus

The State of West Bengal & Ors.

Mr. Malay Bhattacharyya, Mr. Madan Mohan Roy.

...For the petitioners.

Mr. Santanu Kumar Mitra, Ms. Anandamoyi Ghosh.

...For the State.

Despite service of notice, the private respondents are not represented. Affidavit-of-service filed in Court today be taken on record.

The petitioners are aggrieved that the private respondents are threatening and intimidating them to return some money allegedly borrowed by the husband of the petitioner no.1 and the father of the petitioner no.2.

The Officer-in-charge, Matia Police Station, Basirhat Police District has filed a report dated 12th February, 2023. The same is taken on record.

It appears from the report that out of fear and intimidation and threat, the petitioners have left their residence and are staying far away. It further appears that on the petitioners' complaint, Matia Police has registered an FIR being No. 465 of 2022 dated 4th December, 2022.

Investigation has been completed and chargesheet No. 9 of 2023 dated 27th January, 2023 under

Sections 348/323/506/34 of the Indian Penal Code has been filed against Gobinda Hazra, Sudhir Mondal and Madhabendra Mondal.

This Court finds no inaction on the part of the Matia Police Station.

However since the petitioners claim that they are unable to enter into their house, Matia Police shall depute a constable to accompany the petitioners back into their residence.

The Officer-in-charge, Matia Police Station shall also maintain regular vigil on the said premises to ensure that the private respondents do not disturbed the petitioners in any way.

If there is any further complaints by the petitioners, due enquiry shall be made by the Matia Police Station and if necessary, coercive steps may be taken against the private respondents.

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

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.)