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Calcutta High CourtWPA/25920/2018disposed

Probodh Kumar Pramanik & ORS v. State Of West Bengal & ORS

2019-03-06Hon'Ble Justice Debangsu Basak3 pages

CPAN 711 of 2020 In W.P.A. 25920 of 2018 Court No. 36 21.01.2021 (Item No. 14 & 15) Sri Probodh Kumar Pramanik & Ors.

vs Rashmi Kamal & Ors.

(SB) Mr. Shamik Chatterjee ...for the Petitioners Mr. Soumitra Bandyopadhyay Mr. Aniruddha Sen ..... for the State respondent The petitioners complain of violation of the orders dated 29.01.2019 and 06.03.2019 passed in the writ petition.

Learned Advocate appearing on behalf of the petitioner submits that, the alleged contemnors along with others are threatening the petitioners. They are trying to prevail upon the petitioners to withdraw the Court proceedings. The alleged complainants along with others are broadcasting over microphone that the petitioners will not be allowed to utilise the public roads.

He submits that the petitioners are apprehending injury to their property and are fearing for their lives.

Learned Advocate appearing on behalf of the alleged contemnors submits that the orders of the Court are being strictly complied with. The alleged

contemnors are not making construction on any plot belonging to the petitioners. He submits that an opportunity should be afforded to the alleged contemnors to file an affidavit.

In the facts and circumstances of the case, since the petitioners express an apprehension as to their lives and property, and since they allege that they are being prescribed to withdraw the court proceeding it would be appropriate to call for a report from the Superintendent of Police, Paschim Medinipur. The Superintendent of Police will enquire into the matter personally and will submit a report thereon. He will ensure that, no breach of peace occurs at the locale. He will ensure that no harm befalls the petitioners or their family members as to their lives and properties in any manner whatsoever.

Let affidavit-in-opposition be filed within two weeks from date. Reply thereto, if any, be filed within a week thereafter.

List this application three weeks hence under the same heading.

Superintendent of Police, Paschim Medinipur will submit a report on the returnable date.

Urgent certified website copies of this order, if applied for, Be made available to the parties upon compliance of the requisite formalities.

(Debangsu Basak, J. )