Calcutta High Court (Appellete Side)
Parthasarathi Jana & Ors vs The State Of West Bengal & Ors on 30 March, 2012
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
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30.03.2012.
W.P. No. 5892(W) of 2012
Parthasarathi Jana & Ors.
Versus
The State of West Bengal & Ors.
Mr. Sujit Kumar Rath .... For the Petitioner
Let the affidavit of service be kept on record.
None appears on behalf of the State‐respondents when the matter is called on
inspite of service of this writ application.
This writ application is filed by the petitioner for a direction upon the police authority to comply with the order dated February 8, 2012 passed by the Ld. Sub‐ Divisional Executive Magistrate, Kharagpur in case no. 1162012 in connection with an application filed by the petitioner under Section 144(2) of the Code of Criminal Procedure. The aforesaid Ld. Sub‐Divisional Executive Magistrate, Kharagpur passed an order dated February 8, 2012 directing the respondent no. 4 to ensure that no breach of peace would occur over the issue take place in connection with the disputes in between the petitioner and the respondents no. 5 and 6.
In view of the above, the right of the petitioner has been protected by the aforesaid order passed by the Ld. Sub‐Divisional Executive Magistrate, Kharagpur. There is no scope to pass further order by a Court sitting in writ court.
This writ application is thus dismissed.
2There will be however no order as to costs.
Urgent photostat copy of the order, if applied for, shall be given to the parties on the usual undertakings.
( Debasish Kar Gupta, J. ) 3