Om Prakash Raut and Anr. Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

Om Prakash Raut and Anr. Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioners to inform the Inspector-in-Charge, Burdwan P.S. before entering their house at Alamganj Tarikmahal; police to record the information, keep a strict vigil, ensure no untoward incident after entry, and firmly deal with/register a case under relevant provisions of law if any incident occurs; enquiry report kept on record.

Issue for consideration

Whether the petitioners may re-enter and reside in their family house at Alamganj Tarikmahal under Burdwan P.S. despite apprehending fresh disputes and disturbances, and what police assistance/vigilance should accompany such re-entry.

Court's answer

If the petitioners intend to enter their house, they must inform the Inspector-in-charge of Burdwan P.S., who shall record the information regarding their entry into the house at the given address; the police authorities shall keep a strict vigil and ensure that no untoward incident takes place after the petitioners' entry into their residence.

Ratio / Principle

In case any incident happens upon the petitioners' entry, the police authorities shall firmly deal with it and shall not hesitate to prevent the untoward incident by registering a case under the relevant provisions of law.

Detailed headnote1 paragraphs

Writ petition (WPA 23061 of 2024, decided 19.11.2024, Tirthankar Ghosh, J.) concerning Om Prakash Raut & Anr. v. The State of West Bengal & Ors. Pursuant to an earlier direction dated 04.11.2024, the Inspector-in-Charge of Burdwan P.S. enquired and found that petitioner no.1, his mother and elder brother lived from 2016 at a one-storied house at Alamganj Tarikmahal under Burdwan P.S.; following a marital dispute over domestic matters, petitioner nos.1 and 2 left with the mother in 2020 to a rented house at Goda Shibtala; the house is now occupied by the wife and two children. The allegation of the petitioners being thrown out could not be substantiated, and police assured all assistance for their return. The Court directed that if the petitioners intend to enter the house, they must inform the Inspector-in-charge of Burdwan P.S., who would record the information; police to keep a strict vigil, ensure no untoward incident after entry, and firmly deal with any incident, including by registering a case under the relevant provisions of law. Petition disposed of; report kept on record.

Sl.No. 4 19.11.2024 Court No. 35 G.S.Das

WPA 23061 of 2024

Om Prakash Raut & Anr. -Vs-

The State of West Bengal & Ors.

Mr. Bikram Banerjee Mr. Sutirtha Nayek …for the petitioners Mr. Somnath Ganguli, ld. AGP Ms. Kalpita Paul … for the State – respondents

Pursuant to the earlier direction

dated 04.11.2024, the Inspector-in-Charge

of Burdwan P.S. conducted an enquiry.

The enquiry reflects that the

petitioner no.1 along with his family

members including his mother and elder

brother resided at one-storied house at

Alamganj Tarikmahal under Burdwan P.S.

from 2016 due to family dispute between

the husband and wife over domestic

matters, the petitioner no.1 and the petitioner no.2 left the house along with

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the mother in the year 2020 and started residing at a rented house at Goda Shibtala under Burdwan P.S. The house, presently, is occupied by the wife and the two children.

During enquiry by the police, the

allegations of the petitioners for being thrown out could not be substantiated. However, the police authorities have assured for providing all sorts of assistance, if they intend to return to their house at Alamganj Tarikmahal under Burdwan P.S.

Learned advocate for the

petitioners submits that the other members of the in-laws family of the petitioner no.1 are creating disputes and differences between the couple and a tensed

atmosphere may be created.

The petitioners apprehend that in case they enter, there would be fresh

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dispute which would be blown out of proportion and there is every possibility of further disturbances.

If the petitioners intend to enter, as the police authorities has submitted that there is no hindrance and all sorts of police assistance would be rendered, I direct that the petitioners would inform the Inspector-in-charge of Burdwan P.S., who would record the information in respect of the petitioners’ entering into their house at the given address, the police authorities would keep a strict vigil and would ensure that no untoward incident takes place, post the petitioners’ entering into their residence.

In case, any incident happens, the

police authorities would firmly deal with the same and will not deter to prevent such untoward incident by way of registering any case under the relevant

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provisions of law.

With the aforesaid observations, WPA 23061 of 2024 is disposed of .

Report so submitted be kept with

the record.

Parties to act on a server copy

of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

(Tirthankar Ghosh, J.)