Calcutta High CourtWPA/30629/2024disposed

Sukumar Jana v. State Of West Bengal And ORS.

2025-01-13Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 84 13.01.2025 Kausik ct.no.35 W.P.A. 30629 of 2024 Sukumar Jana

Versus

State of West Bengal & Ors.

Mr. Aswini Kr. Bera Mr. Arijit Bera ...for the petitioner.

Mr. Amitesh Banerjee, Sr. St. Counsel Mr. Debangshu Dinda ...for the state.

Petitioner is aggrieved by the inaction of the police authorities in spite of orders being passed by the Civil Judge, Junior Division, 1st Court, Paschim Medinipur in TS No. 14 of 2023.

Learned advocate appearing for the petitioner submits that in spite of the injunction order dated 05.01.2023 and the consequent order dated 06.03.2023 under section 151 of the Civil Procedure Code to the Officer-in-Charge of Kharagpur (Local) Police Station for rendering necessary police assistance for implementation of the interim order of injunction - the police authorities have not been complying the said order.

Mr.

Banerjee, learned senior standing counsel appearing for the state submits a report. Report reflects that the police authorities have put in

their efforts for implementation of the said order and to that effect the private respondents who tried to violate the order of the civil court has been stopped from carrying on such construction work at the property in dispute.

Petitioner submits that in spite of the same, petitioners are also being threatened.

Having regard to the fact that a criminal case is pending being Kharagpur (Local) PS Case No. 1052/2022 wherein petitioner happens to be a witness, in case the petitioner and/or his family members are threatened, the police authorities would assess the threat perception of the petitioner and thereafter take appropriate steps under the Witness Protection Scheme, 2018.

With the aforesaid observations WPA 30629 of 2024 is disposed of.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)