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Calcutta High Court (Appellete Side)

Bibek Ranjan Chakraborty vs State Of West Bengal & Ors on 18 January, 2019

Author: Tapabrata Chakraborty

Bench: Tapabrata Chakraborty

                                               1


           18.01.2019
             Item No.6
                 ad

                             W.P No. 26097(W) of 2018

                             Bibek Ranjan Chakraborty
                                      - Versus -
                             State of West Bengal & Ors.


Mr. Ananta Lala,
Mr. Sudarshan Ghosh
                   ...      For the petitioner

Md. Yasin Ali,
Mrs. Tapati Samanta
                      ...   For the State


      Affidavit-of-service filed by the petitioner be kept on record.     No one

appears on behalf of the respondent nos. 4 to 8 whose presence is required for

adjudication of the present matter.

The learned advocate appearing for the petitioner submits that in spite of a specific order passed by the competent civil forum restraining the respondent nos.4 and 5 from creating any disturbance in the peaceful occupation of the petitioner in respect of a flat on the third floor and a garage portion on the ground floor of a building at premises No.P-229 Purba Sinthee Road, Madhugarh, P.S Dum Dum, the said private respondents have not complied with the same.

Mr. Ali, learned advocate appearing for the State respondents submits that on the basis of the petitioner's complaint Dum Dum Police Station Case No.1111 of 2018 dated 26th December, 2018 under Section 341/ 447/ 427/ 506/ 34 of the Indian Penal Code and Section 24/25 of the Maintenance and Welfare of 2 Parents and Senior Citizens Act, 2007 has been registered and investigation is in progress.

List this matter for further consideration under the heading "To Be Mentioned" on 27th February, 2019.

The respondent no.3 is directed to file a report on the returnable date apprising this Court about the developments in the aforesaid criminal case.

The petitioner is directed to immediately communicate this order to the private respondents and to affirm an Affidavit-of-service on the returnable date.

It is made clear that in the event no one appears on behalf of the private respondents on the returnable date, this Court would be constrained to direct their personal appearance.

(Tapabrata Chakraborty, J.)