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Panchanan Das vs State Of West Bengal & Ors

Calcutta High Court · Decided on 24 September 2019 · Citation: (2019) 09 CAL CK 0303

HON’BLE JUDGES
Thottathil B. Radhakrishnan, C.J · Arijit Banerjee, J
CASE NUMBER
C. Appeal From Order (FMA) No. 897 Of 2019, Civil Application (CAN) No. 7252 Of 2018
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Judgment

9 paragraphs · 364 words
1.

Since we have requested Mr. Jaharlal De, learned Senior Counsel, to represent the State in this matter, his appointment should be regularized.

2.

The appellant came to this Court seeking two-fold reliefs. He complained that there is police inaction as regards certain unlawful actions by some persons. The second relief sought for by him is that he needs to reach his home and see his mother who is aged around 109 years. His plea is that he is not being permitted to enter his home or cultivate his land which, according to him, is covered by the decree of a civil court.

3.

The learned Single Judge recorded the fact that two final reports had been placed before the jurisdictional criminal court by the police and charge-sheets have been laid. Recording that fact, the writ petition was closed. Hence, this appeal by the writ petitioner.

4.

Heard learned counsel for the appellant writ petitioner and Mr. Jaharlal De, learned counsel for the State.

5.

The relief against the alleged police inaction does not survive having regard to the facts recorded in the impugned order of the learned Single Judge. Be that as it may, if the petitioner has a decree of a civil court in his favour and if the police, on application by the petitioner, is satisfied that the petitioner is being obstructed from enjoying the possession in terms of that decree, requisite steps would be taken to accord such protection as may be necessary for the petitioner in the assessment of the jurisdictional police. Police shall also ensure that the petitioner's access to his home where his mother resides shall also be duly ensured.

6.

It is directed that the police will ensure that law and order is maintained and any unlawful action by any party to this litigation shall be dealt with in accordance with law.

7.

The appeal is ordered accordingly in modification of the judgment passed by the learned Single Judge on the writ petition.

8.

The appeal and the connected application are disposed of accordingly.

9.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.