Calcutta High Court (Appellete Side)
Pg (Sheikh Abdul Hamid vs The State Of West on 30 July, 2015
Author: Dipankar Datta
Bench: Dipankar Datta
1
05 30.07.2015 W.P.29232(W) of 2014
pg (Sheikh Abdul Hamid Vs. The State of West
Bengal & Ors.)
Mr. Sanat Kr. Roy
Mr. Baidurya Ghosal...........for the petitioner
Ms. Aparna Ghosh..............for the State
From the instructions provided to Ms. Ghosh,
learned advocate for the State by the Inspector-in-
Charge, Arambag Police Station, it appears that copy of
the order dated July 23, 2015 was duly served on the
respondents 5 to 7, yet, there is no appearance from their
side.
Having regard to the order dated July 06, 2015 to the effect that the Bench is likely to dispose of the writ petition if the respondents 5 to 7 are not represented on the next date, the same is taken up for final disposal.
It further appears from the instructions received by Ms. Ghosh that the petitioner has been put in possession of the subject land, in respect whereof he has obtained decree from the civil Court and has started cultivation. However, since the respondents 5 to 7 had allegedly damaged the land on July 18, 2015 and threatened the petitioner with dire consequences, a complaint was lodged giving rise to Arambag Police Station F.I.R. No.745 of 2015 dated July 19, 2015 under Sections 447/427/188/506 and 34 of the Indian Penal Code against the respondents 5 to 7. They were arrested 2 and forwarded to the Court of the learned Additional Chief Judicial Magistrate, Arambag on July 20, 2015. Presently, there is no disturbance and the petitioner has been engaged in cultivation without any disruption.
Having regard to the aforesaid state of affairs, this writ petition stands disposed of making the interim order absolute.
The inspector-in-charge shall, however, ensure maintenance of peace and tranquility at the locale and that life of one private party is not endangered at the instance of the other.
There shall be no order as to costs.
The instructions furnished to Ms. Ghosh by the inspector-in-charge shall be retained with the records.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously.
(DIPANKAR DATTA,J.)