Samir Pramanik v. State Of West Bengal And ORS.

07.04.2021 TN WPA 11459 of 2020 (Via video conference) Samir Pramanik Vs.

The State of West Bengal and others Mr. Sandip Das ... for the petitioner Mr. Suman Sengupta, Mr. Sanatan Panja .... for the State Mr. Satyajit Mondal, Mr. Srikumar Mondal ... for the private respondents The grievance of the petitioner is that, despite the violation of an order of status quo passed by a civil court and a subsequent order directing the police authorities to render necessary assistance to the concerned party in the event of violation of the status quo of either of the parties, the police has been inactive in that regard.

Learned counsel appearing for the State-respondent files a report in the form of instruction which indicates that the police have already rendered assistance, as and when necessary, in order to implement the status quo order. It is further submitted that a prosecution under

Section 107 of the Criminal Procedure Code, vide Kulpi PS NCR No.180/20 dated July 20, 2020, has already been initiated against the petitioner as well as the private respondents.

The report filed in court today be kept on record. However, although the police have taken sufficient action till date, as it appears from the report filed today, the petitioner ought to be given liberty to approach the police authorities, if so necessitated, in future regarding further violation of the order of status quo. Accordingly, WPA 11459 of 2020 is disposed of by granting liberty to the petitioner to approach respondent no.3 if and when the petitioner is aggrieved by any attempted violation of the status quo order of the civil court by the private respondents. If such an approach is made, respondent no. 3 shall take appropriate steps in accordance with law.

(Sabyasachi Bhattacharyya, J.)