Nur Nahar Bibi And ANR v. State Of West Bengal And ORS.

28.06.2023.

Court No.13 Item No.23 pk W.P.A. No. 28465 of 2022 Nur Nahar Bibi and others

Versus

The State of West Bengal & Ors.

Mr. Tarun Das Sarma, Ms. Piyali Mukherjee.

...For the petitioners.

Mr. Asish Kumar Guha ...For the State.

1. Affidavit-of-service filed in Court today be taken on record.

2. The writ petitioners complain of alleged inaction on the part of the Amdanga Police Station in taking steps in respect of a complaint.

3. The petitioners also allege that the private respondents continue to violate the order of injunction passed by the learned Civil Judge (Junior Division), Second Court at Barasat in T. S. 585 of 2020.

4. Amdanga Police Station has filed a report dated 17.01.2023 and the same is taken on record.

5. It appears that the Police have registered FIR No. 95 of 2022 dated 23.02.2022 on the complaint of the petitioners.

6. Investigation into the subject FIR shall be completed within a period of one month from date, if not already completed. The Police also referred to a Charge Sheet No. 151 of 2020 dated 31.03.2020

under various sections of the IPC in respect of the complaint of the petitioners dated 23.02.2020.

7. Another charge sheet has been filed by the Police against the private respondents in respect of a complaint of one Samser Ali, son of the petitioner against the private respondents. The said FIR was registered and Charge Sheet No. 143 of 2020 dated 28.02.2020 has also been filed.

8. It appears from the records that the petitioners have not applied in the court below for enforcement of the order of injunction under Section 151 of the Code of Civil Procedure.

9. The petitioners may do so in accordance with law. 10.

The Police shall strictly abide by any order that may be passed specifically on them by the Civil Court.

11.

Amdanga Police Station shall ensure that there is no breach of peace in the area.

12.

Instructions of the Police dated 17.01.20203 is taken on record.

13.

The writ petition is disposed of.

14.

There will be no order as to costs.

15.

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.)