Tapan Mishra v. State of West Bengal and Ors.
Case brief
What is this about?
Tapan Mishra v State of West Bengal & Ors., W.P.A.4219 of 2024, disposed of 22.11.2024 by Tirthankar Ghosh, J. Grievances: violation of injunction order of Civil Judge (Junior Division), 1st Court, Contai in T.S.255 of 2023; encroachment of land and construction of pathway; defamatory posters by private respondents; foisting of false cases. Held: petitioner to seek civil-court remedy, with civil court empowered to direct police assistance to implement injunction, to be obeyed by police; defamation complaint to be pursued before jurisdictional criminal court under BNS provisions; police directed to keep strict vigil and prevent breach of peace. Note: proceeding under Section 107 CrPC drawn up against petitioner per State report; allegations deemed denied as State not called upon to file affidavit.
What did the court decide?
Writ petition disposed of with observations: petitioner directed to the civil court for the injunction-violation/encroachment grievance (civil court may order police assistance, to be obeyed by police) and to the jurisdictional criminal court under the BNS for the alleged defamatory posters; police authorities directed to keep strict vigil, prevent breach of peace and tranquility over the complained-of issues/properties, and prevent untoward incidents between the petitioner and the private respondents; State's report kept on record and copy handed to petitioner's advocate.