Disposed

Vijay Saha v. State of West Bengal and Ors.

Calcutta HC22 Sept 2023WPA/19360/2023

Case brief

AI extract

What is this about?

This writ petition addressed petitioner's complaints of threats, intimidation, and property vandalism by private respondents and antisocial elements. The court directed police to investigate an FIR, maintain vigil, extend a police picket for two months, and act on future incidents.

What did the court decide?

Direction to police to investigate FIR expeditiously; duty to keep sharp vigil; continuation of police picket for two months; officer to act in accordance with law on untoward incidents.

Vijay Saha Vs State of West Bengal… — Constitutional and Fundamental Rights | Calcutta HC (2023)

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05 22.09.2023

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NB Ct. 14

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WPA 19360 of 2023

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Vijay Saha Vs.

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The State of West Bengal & Ors.

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Mr. Ramkrishna Bhattacharyya, Mr. Syed Rizwan. …for the petitioner.

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Mr. Suman Ghosh, Mr. Sankha Prasad Roy. …for the State.

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Mr. Sounak Bhattacharyya, Mr. Sounak Mondal, Mr. Abhirup Haldar. ..for the private respondents.

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Report filed on behalf of the State is also taken on record.

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Supplementary affidavit filed on behalf of the petitioner is also taken on record.

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A copy of the same shall be handed over to the learned counsels for the other side.

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Learned counsel appearing on behalf of the petitioner submits as follows. A dispute had taken place between the petitioner and the local antisocials who had been disturbing the peaceful possession of the petitioner’s property. Cases and countercases were filed in this regard. The private respondents and other local hooligans threatened and intimidated the petitioner and was not even permitting the petitioner from entering into his own residence. This was brought to the notice of the local police station, but no help was rendered. Only after an order was passed by this Court, the police authorities provided necessary escort so that the

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petitioner could return to his residence. However, his stall has been totally vandalised and demolished. He had to set up another stall in its place. He also found that his belonging inside his residence were ransacked and valuable articles looted away. An FIR is not being registered in this regard, which has been properly investigated.

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Learned counsel appearing on behalf of the State relies on the report and submits as follows. Pursuant to an order passed by this Court, adequate police personnel were deployed so that the petitioner could return home. The police are keeping a close watch on the developments in the locality. A police picket that was directed is also there. On the allegation of the petitioner about threats, an FIR has been registered only a few days ago. The same is being investigated.

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Learned counsel appearing on behalf of the private respondents denies the allegations and submits as follows. They have not disturbed the petitioner in his peaceful possession of the property in question. However, there are cases and countercases between the parties.

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Let the FIR lodged by the petitioner be investigated expeditiously and in accordance with law.

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The police authorities shall keep a sharp vigil at the locale and ensure that no breach of peace takes place.

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In the event any untoward incident occurs or is apprehended by the petitioner, he shall be at liberty to call up the Officer-in-Charge of the local police station who shall then act in accordance with law.

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The police picket that was directed earlier shall continue for a period of two months.

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With these observations, the writ petition is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

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(Jay Sengupta, J.)

Vijay Saha v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Vijay Saha v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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