Usha Devi & Ors. vs State Of West Bengal & Ors.

The learned advocate appearing for the petitioners submits that the father of the petitioner nos.2 & 3, namely, Sarwan Shaw, was running a shop-

room situated at holding no.47/50, Girish Ghosh Lane, Police Station Malipanchghora, Ghusuri, Howrah. After the death of Sarwan Shaw, the

petitioners are running the said business but the cousin sisters of Sarwan Shaw, at the instigation of their husbands, started creating disturbances and

prevented the petitioners from running the said business.

Aggrieved thereby, the petitioners had to proceed to Civil Court and a Title Suit being T.S 538 of 2015 was preferred and initially an ad interim order

was passed and subsequently the same has been extended till the disposal of the suit by an order dated 31st January, 2018. In spite of the said order,

the private respondents continued to disturb the petitioners’ possession over the said shop-room and also prevented them from running the

business peacefully.

Aggrieved thereby, the petitioners lodged a complaint before the police authorities and the same was treated as FIR and Malipanchghora Police

Station Case No.12 of 2018 dated 25.01.2018 under Sections 447/188/427/34 of the Indian Penal Code has been registered but proper investigation

has not been conducted by the police authorities. Aggrieved thereby, the petitioners have approached this Court.

Mr. Sur, learned advocate appearing for the private respondent nos.5 & 6 disputes the contention of the petitioners and submits that the petitioners are

running the business and the private respondent nos.5 & 6 are neither interfering with such business nor are creating any disturbance. The allegations

levelled against them are absolutely baseless. In spite of notice no one appears on behalf of the private respondent nos.7 and 8 and as such, the

allegations levelled against them in the writ petition stand uncontroverted.

The learned advocate appearing for the State respondents submits that the petitioners’ complaint has been treated as FIR and Malipanchghora

Police Station Case No.12 of 2018 dated 25.01.2018 under sections 447/188/427/34 of the Indian Penal Code has been registered and investigation is

in progress.

Upon hearing the learned advocates appearing for the respective parties and upon considering the materials on record, the writ petition is disposed of

with a direction upon the police authorities to conduct the investigation in a fair and impartial manner and to conclude the same at an early date. The

respondent no.3 is also directed to ensure that no physical harm is caused to the petitioners.

Further grievance of the petitioners is that the order passed by the learned Civil Court has been violated by the private respondents. For redressal of

such grievance, the petitioners would be at liberty to take steps for execution of the order passed in the said suit before the learned Civil Court. There

shall, however, be no order as to costs. Urgent photostat certified copy of this order be supplied to the parties on compliance of all formalities.