Shivani Properties Private Limited And ANR v. The Commissioner Of Police And ORS

OD-4 ORDER SHEET WPO/2185/2022

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE SHIVANI PROPERTIES PRIVATE LIMITED & ANR.

Versus

THE COMMISSIONER OF POLICE AND ORS.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : 5th July, 2022.

Appearance:

Mr. Sarosij Dasgupta, Adv.

Mr.Suman Majumdar, Adv.

For the petitioners.

Mr. Amitesh Banerjee, Sr. Standing Counsel.

Mr. Manoj Malhotra, Adv.

For the State.

Mr. A. Kumar Boral, Adv.

Mr. A. Dutt, Adv.

For the proforma respondent.

The Court :- Perused the report prepared by the Commissioner of Police, Kolkata, dated June 16, 2022. On the complaint of the petitioners, Hare Street Police Station Case No. 117 dated May 16, 2022 under Sections 506/384/114 of IPC has been registered against two persons and subsequently notices under Section 41A of the Criminal Procedure was served upon them. The notices had been complied with. The accused persons surrendered before the learned Chief Metropolitan Magistrate, Kolkata and they were released on bail. The investigation is under progress.

With regard to the prayer for deployment of police, the Hare Street Police had deployed the police post. The Officer-in-Charge, Hare Street

Police Station had been directed to keep strict vigil over the premises. How even it is the specific contention of the police authorities that payment for the deployment of force had not been received. The writ petition is thus disposed of, with the following directions: a) The cost of police protection, which is yet to be received by the police authorities, shall be paid immediately, that is, before July 15, 2022. If the same has already been paid, then documents disclosing the mode and method of payment shall be furnished before the Officer-in-Charge, Hare Street Police Station.

b) Upon payment of earlier dues, the petitioners shall be entitled to pray for further police picket before the Officer-inCharge, Hare Street Police Station and such police picket shall be permitted upon the payment of cost to be borne by the petitioners. The investigation, which has been started, shall be concluded expeditiously. The Officer-in-Charge, Hare Street Police Station, shall ensure strict vigil over the property.

The report filed by the Commissioner of Police is taken on record.

(SHAMPA SARKAR, J) snn.