Calcutta High Court (Appellete Side)
Bibhishan Mondal vs The State Of West Bengal & Ors on 3 July, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1
03.07.17
Sl. No. 607
akd
W.P. 16527(W) of 2017
[Bibhishan Mondal -Vs- The State of West Bengal & Ors.]
Mr. Md. Mojnu Sk.
... ... for the petitioner
Mr. Dwarika Nath Mukherjee,
Mr. Manik Lal De
... ... for the State
Affidavit-of-service filed today in Court be kept with the record.
Petitioner has sought for police protection so that he may cultivate his land without
being disturbed by the wrongful and violent activities of the private respondents herein.
Representations were made to the police authorities but no steps have been taken.
Report is filed on behalf of the State-respondents wherefrom it appears that on the complaint of the petitioner, criminal case being Hasnabad P.S. Case No. 356 dated 14th June, 2016 under Sections 147/447/506/379/509 IPC has been registered against the private respondents herein and charge-sheet has been filed therein. It also appears that proceedings under Section 107 of the Code of Criminal Procedure were also instituted against the private respondents herein. The said report be kept with the record. Copy of the report be handed over to the learned advocate for the petitioner.
In view of the nature of dispute, I observe that in the event there is an apprehension of breach of public peace and tranquility due to the wrongful acts of the private respondents herein in future, it is open to the petitioner to initiate appropriate proceedings under Sections 144 and 145 of the Code of Criminal Procedure for necessary directions 2 including police protection, if necessary, in accordance with law. Criminal case registered at the behest of the petitioner shall be continued with utmost expedition and be concluded at an early date. Needless to mention that lawful orders passed by the said judicial authorities shall be implemented by the police authorities in accordance with law.
With the aforesaid observations, the writ petition is disposed of. Since no affidavit-in-opposition has been called for, the allegations made in the writ application are deemed to have been not admitted by the respondents.
There shall be no order as to costs.
Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Joymalya Bagchi, J.)