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Calcutta High CourtWPA/29571/2024disposed

Arshiara Begum And ANR. v. The State Of West Bengal And ORS.

2025-02-06Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 108 06.02.2025 Bpg.

ct.no.35 W.P.A.29571 of 2024 Arshiara Begum & Anr.

Versus

The State of West Bengal & Ors.

Mr. Soumik Ganguly Ms. Chandana Chakraborty.

...for the petitioners.

Ms. JhumaChakraborty Mr. Suddhadev Adak.

...for the State-respondents.

Ms. Malabika Roy Dey Mr. Uttiya Roy.

...for the private respondent no.7.

Affidavit-of-service filed by the petitioners be kept with the record.

Pursuant to the earlier directions passed on 17th December, 2024, State has submitted a fresh report. Report reflects that Burdwan P.S. Case No.78 of 2025 dated 20.01.2025 has been registered for investigation on the basis of a complaint which has been received from Ashiara Begum.

The present petitioners and the private respondents also earlier filed a writ petition being WPA 23570 of 2024 which was disposed of on 14th November, 2024. From the other enclosed documents along with the earlier order so passed, it reflects that Title Suit No.78 of 2024 and Title Suit No.497 of 2024

are pending before the civil court inter se the parties. Criminal cases have been filed. Proceedings under Section 126/135 of BNSS have been drawn up earlier. Having regard to the inimical relationship existing between the parties, I direct that the police authorities would keep a strict vigil and ensure that no breach of the peace or tranquility takes place and/or any untoward incident results because of excesses inflicted at the behest of either of the parties. The petitioners and the private respondent no.7 would furnish a good behaviour bond before the learned Executive Magistrate as a previous case under the provisions of Section 126/135 of the BNSS is pending.

Learned Executive Magistrate would every fortnight call for a report from the Inspector-inCharge or the Officer-in-Charge of Burdwan Sadar Police Station relating to any breach of the peace or tranquility taking place at the behest of the petitioners and the private respondent no.7. In case any such information is received which according to the learned Executive Magistrate violates the sanctity of the directions passed by this Court, in that case, the learned Executive Magistrate would pass necessary directions including the concerned person to stay outside the jurisdiction of the local police station.

With the aforesaid observations, WPA 29571 of 2024 is disposed of.

There will be no order as to costs.

Report submitted by the State be kept with the record.

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

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

(Tirthankar Ghosh, J.)