Pronab Kumar Das v. State Of West Bengal And ORS.

13.01.2025 W.P.A. 30777 of 2024 Item No.98 Ct. No.35 dc.

Pronab Kumar Das versus The State of West Bengal & Ors.

Mr. Souma Subhra Ray, Mr. Sabyasachi Jana, Mrs. Poulame Patra ... For the Petitioner.

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

Mr. Argha Das, Mr. Rajkumar Sain ... For the Respondent Nos. 5, 6 & 7. Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocates appearing for the petitioner and the private respondents.

The petitioner is aggrieved by the inaction of the police authorities and has approached this Court that in spite of informing the police authorities on November, 2024, no action has been taken.

State has submitted a report which reflects that over certain trivial issues there have been certain disputes which resulted in exchange of filthy languages and threats. To that effect, general diary entry has been registered as well as proceeding under Section 126 of BNSS has been drawn up.

Learned advocate appearing for the private respondents denies of any construction having taken place by violating any civil court's order. Learned advocate appearing for the petitioner has drawn the attention of the Court to an application under Section 151 of the Code of Civil Procedure filed in connection with T.S. No. 527 of 2024 wherein by an order dated 11.12.2024, date has been fixed on 18.02.2025 for hearing of the application relating to compliance of the order of injunction dated 19.04.2024.

In view of the application pending for hearing on 18.02.2025, I direct that if the civil court is of the opinion that for compliance of its orders rendering police assistance is necessary, then in that case the police authorities would respect and obey the order passed by the learned Civil Judge in T.S. No. 527 of 2024.

In the meantime, since the parties presently are in a strained relationship, the police authorities would keep a strict vigil and ensure that no breach of the peace takes place at the locale.

With the aforesaid observations, the writ petition being WPA 30777 of 2024 is disposed of. There will 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.)