Calcutta High Court (Appellete Side)
Pg (Mousumi Mondal vs State Of West Bengal & Ors.) on 8 May, 2014
Author: Dipankar Datta
Bench: Dipankar Datta
1
03 08.05.2014 W.P.10059(W) of 2014
pg (Mousumi Mondal vs. State of West Bengal & Ors.)
Mr. Arjun Ray Mukherjee
Mr. Joydeep Acharya
Ms. Saheli Mukherjee......for the petitioner
Mr. Debabrata Mondal.....for the State
Supplementary affidavit filed by the petitioner
in Court today shall be retained with the records.
It appears from the instructions furnished to
Mr. Mondal, learned advocate for the State by the Officer-
in-Charge, Nandigram Police Station that the accused
persons (being the private respondents) were granted
anticipatory bail by the learned Sessions Judge, Purba Medinipur on April 03, 2014. Thereafter they surrendered before the learned Additional Chief Judicial Magistrate, Haldia on April 05, 2014 and obtained orders of bail. Investigation of Nandigram Police Station Case No. 94 of 2014 dated March 12, 2014 under Sections 341/325/379/308/34 of the Indian Penal Code was conducted in the right earnest and on completion of investigation, appropriate police report has been filed under Section 173(2) of the Code of Criminal Procedure (hereafter the 'Code') vide Nandigram Police Station Charge Sheet No.152 of 2014 dated April 30, 2014 under Sections 341/325/308/34 of the Indian Penal Code.
At this stage, relying on the supplementary affidavit and in particular page-06 thereof, Mr. Ray 2 Mukherjee, learned advocate for the petitioner contends that the accused, immediately on being released on bail, assembled in front of the residence of the petitioner on April 05, 2014 with lethal weapons for the purpose of putting an end to the life of her husband and that by closing the door the petitioner could avoid casualty. The fact was immediately informed to the Officer-in-Charge, Nandigram Police Station but apart from an entry in the General Diary no further action was taken.
It is submitted by Mr. Ray Mukherjee that the Superintendent of Police, Purba Medinipur was also informed of the incident but he too remained silent.
The instructions referred to above also reveal that on the basis of the subsequent complaint of the petitioner, as referred to in the supplementary affidavit, prosecution has been submitted under Section 107 of the Code against eight persons vide Nandigram Police Station NCR No.189 of 2014 dated April 08, 2014.
It appears from the aforesaid narrative that the petitioner perceives a threat to her life as well as to her family members. There cannot be any doubt that it is the duty of the police to secure the lives of the citizens. Accordingly, I direct that the safety and security of the petitioner and her family members shall be protected at any cost by the police authorities. If any untoward incident takes place resulting in any casualty to the petitioner or her family members, the Superintendent of 3 Police, Purba Medinipur shall be held personally responsible and he shall make himself liable to face consequences.
The writ petition stands disposed of with the above directions.
There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously.
(DIPANKAR DATTA,J.)