Noor Mohammad Kayal v. State Of West Bengal

15.10.2020.

Item no. 13.

Court No.13 ap W.P.A. No. 7090 of 2020 With CAN 1 of 2020 (Through Video Conference) Noor Mohammad Kayal

Versus

The State of West Bengal & Ors.

Mr. Gouranga Kumar Das, Mr. Sandip Kumar Mondal.

...For the petitioner.

Mr. Lalit Mohan Mahata, ld. A.G.P.

Mr. Prasanta Behari Mahata.

...For the State.

Considering the urgency pleaded by the petitioner in CAN 1 of 2020, the instant writ petition is taken up for hearing via video conference.

Accordingly, the application being CAN 1 of 2020 is disposed of.

The petitioner alleged police inaction in respect of land disputes and actions and omissions and physical assault by the private respondents.

Counsel for the State submits that two chargesheets have been filed against the petitioner and the private respondents in respect of complaints received. The said charge-sheets are Dholahat Police Station Case No. 226 of 2019 dated 21.08.2019 under Sections 448, 427, 506 and 34 and Dholahat Police Station Case No.122 of 2020 dated 23.04.2020 under

Sections 436, 506 and 34 and trial is yet to commence in respect thereof.

Counsel appearing on behalf of the petitioner submits that there is an order of status quo in a pending Civil Suit with the private respondents. In those circumstances, this Court sees no police inaction whatsoever as complained of in this writ petition.

W.P.A. No. 7090 of 2020 shall stand disposed of directing Dholahat Police Station to ensure that there is no breach of peace in the said area and if necessary and at their discretion post police picket at the cost of the petitioner for the aforesaid purpose.

There will be no order as to costs.

All parties are directed to act on a server copy of this order on usual undertakings.

(Rajasekhar Mantha, J.)