Samsuzzaman Sk v. The State Of West Bengal And ORS.

13.12.2024 W.P.A. 29304 of 2024 Item No.12 Ct. No.35 dc.

Samsuzzaman Sk versus The State of West Bengal & Ors.

Mr. Kallol Kumar Basu, Md. Jannat Ul Firdous ... For the Petitioner.

Mr. Vimal Kumar Shahi, AGP, Mrs. Pratiti Das ... For the State.

Report submitted by the learned advocate appearing for the State be kept with the record. The petitioner contends that in spite of direction passed in WPA 19577 of 2024 on 25.09.2024, the construction work is being carried out and when the petitioner reacted and opposed the same, the private respondents threatened the petitioner that if he informs the Officer-in-Charge, then in that case the Officer-in-Charge will tag the petitioner in a false case. To that effect information was lodged with the superior authority.

I do not find any involvement or violation of the order to that extent of the earlier order passed by this Court at the behest of the police authorities. It is clarified that so far as the construction work is concerned, the civil court will pass necessary orders.

However, so far as law and order is concerned, it is for the police authorities to take steps so far as the issue is concerned.

On 05.12.2024, proceedings under Section 126 of BNSS have been drawn by the police authorities. If the said proceedings have been submitted before the learned Executive Magistrate therein, the learned Executive Magistrate is directed to assess regarding the authenticity of the accusations and while accepting the bond, in that case if he finds that there is violation of law and order, he would direct the private respondents to stay outside the jurisdiction of Burwan Police Station, Murshidabad.

With the aforesaid observations, the writ petition being WPA 29304 of 2024 is disposed of. There shall be no order as to costs.

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

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

(Tirthankar Ghosh, J.)