Rabnawaz Khan v. Commissioner Of Police And ORS

OD-4 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/222/2025 RABNAWAZ KHAN -VERSUS COMMISSIONER OF POLICE AND ORS.

BEFORE:

The Hon'ble JUSTICE TIRTHANKAR GHOSH Date : 11th July, 2025.

Appearance:

Mr. Musharaf Hussain, Adv.

Ms. Nilofer Siddique Alam, Adv.

.... for the petitioner.

Mr. Vivekananda Bose, Adv.

Ms. Priyamvada Singh, Adv.

...for the State.

Mr. S. A. Moqued, Adv.

Mr. Samrat Dey Paul, Adv.

Mr. Numan Shah, Adv.

...for the respondent No.5.

The Court: The petitioner being aggrieved by the inaction of the police authority approached this Court by invoking the jurisdiction under Article 226 of the Constitution of India. The grievance of the petitioner is with regard to affixation of nameplate as also the free egress and ingress. State has submitted a report which reflects two civil suits being TS 176 of 2016 and TS 500 of 2023 are pending.

The last of the suits reflects that the present petitioner is there defendant no. 1 and the respondent no. 5 is one of the plaintiffs. As the Civil Court is already in seisin of the issue, so far as the rights which are to be exercised by

the parties, the same would be redressed before learned Civil Judge, Sr. Division, 5th Court, Alipore. The Police Authority would keep a strict vigil and ensure that no untoward incident results because of the strained relationship existing between the parties. In case any untoward incident results, the police authority will not hesitate to take appropriate steps in accordance with law. With the aforesaid observation, WPO 222 of 2025 is disposed of. Reports submitted be kept with the record.

(TIRTHANKAR GHOSH, J.) JM/GH