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Papiya Bhattacharya vs State Of West Bengal & Ors

Calcutta High Court · Decided on 20 December 2018 · Citation: (2018) 12 CAL CK 0136

HON’BLE JUDGES
Tapabrata Chakraborty, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 323, 324, 341, 354, 354B, 509
RESULT
Disposed Off
CASE NUMBER
Writ Petition No. 573 Of 2018
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Judgment

7 paragraphs · 334 words

Affidavit-of-service filed by the petitioner be kept on record.

The learned Advocate appearing for the petitioner submits that the petitioner is the landlady of the premises detailed in paragraph 2 of the writ petitioner and the private respondent no. 6 is a tenant under her.

There was a dispute pertaining to a water connection between the petitioner and the private respondent no. 6 and as such the petitioner preferred a suit being title suit no. 1947 of 1997 which was disposed of by a judgment dated 25th April, 2017. He further submits that the private respondent has not complied with the direction of the competent civil forum and that in the month of October, 2018 the private respondents forcibly entered into her room and assaulted her and even threatened her of dire consequences. Such fact was brought to the police authorities by a complaint dated 7th October, 2018 and though the same was treated as FIR and Amherst Street Women Police Station, Case No. 15 dated 9th October, 2018 under Section 354/509/324/354B/34 IPC was registered, the police authorities have not conducted proper investigation.

The Learned Advocate appearing for the private respondents disputes the contention of the petitioner and submits that the order passed by the competent civil forum was complied with by the respondent No. 6 and even thereafter the petitioner was attempting to forcibly evict the said respondents. Such fact was brought to the notice of the police authorities and the same was treated as FIR and Amherst Street Women Police Station, Case No. 16 dated 10th October, 2018 under Section 354/324/509/341/323/34 IPC was registered.

Learned Advocate appearing for the State Respondents submits that investigation in both the criminal cases is pending. Let the written instruction, as produced, be kept on record.

Under such circumstances, this Court directs the investigating agency to conduct investigation in the aforesaid cases in a fair and impartial manner and to conclude the same at an early stage.

With the above directions, the Writ Petition is disposed of.