Shyamal Adhikari v. State Of West Bengal

29.09.2020 D/L No.35 Court No.24 s.biswas WPA 7085 of 2020 With CAN 1 of 2020 Shyamal Adhikary Vs.

The State of West Bengal & Ors.

(Through Video Conference) Mr. Hillol Saha Podder ... ... for the petitioner Mr. Debabrata Dhar Ms. Karabi Roy ... ... for the respondents Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.

CAN 1 of 2020 is an application for urgent hearing of the writ petition and is disposed of by taking up the writ petition for consideration.

Petitioner complains of police inaction.

Learned counsel appearing for the petitioner submits that apart from the main accused no other persons have been arrested. The other accused are threatening the petitioner who is unable to return to his residence.

Learned counsel appearing for the State submits on instruction that the complaint of the petitioner was registered as first information report and that the

investigation with regard thereto is in progress. The main accused was arrested. So far as the other accused are concerned, necessary application for their arrest and declaring them as absconders have been filed before the jurisdictional Court.

In the facts of the present case, since the petitioner is unable to return to his residence, it would be appropriate to direct the local police authority to ensure that no breach of peace occurs when the petitioner returns to his residence. The petitioner is at liberty to report to the Officer-in-Charge of the local police station who will deploy sufficient police personnel so that the petitioner is able to return to his residence. He will ensure that no harm befalls the petitioner to his life and property. Since the investigations are continuing, no further interference is called for in this writ petition at this stage. WPA 7085 of 2020 is disposed of.

(Debangsu Basak, J.)