M-SWYN& BHASKAR CHANDRA MANNA Advocate

69 Pages·2016·1.04 MB·English

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BHASKAR CHANDRA MANNA
Advocate
High Court, Calcutta ,
Bar Association ,Room no. 6.
9 t o30 )693
Dated :
To
The Learned Government Pleader,
High Court ,Calcutta .
Re:(cid:9) W.P.No.(cid:9) (W) of 2016
t-, 9-4<s'in-or‘ iN(cid:9) Keit') 1-c-i(cid:9) cit
Petitioner
Vs
State of West Bengal & Ors.
... Respondents
Dear Sir,
Please take notice that the above matter was filed in the Hon'ble
High Court under a writ jurisdiction before His Lordship Hon'ble Justice
r-- 1V enn 1-(``Lrk
and the above matter will be heard as a Listed Motion before this Hon'ble
Court on )
Please do the needful accordingly.
Yours faithfully,
at-Oc\Wpi Manna)
Advocate
DISTRICT: HOOGHLY
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
In the matter of:
W.P. No. IR )9 (W) of 2016
Subject matter relating to :
The Police Act
Under Group " 19< "
Head — ((cid:9) ) of the
Classification List.
CAUSE TITLE
La kshmikanta Bag
......(cid:9) Petitioner
-Versus-
The State of West Bengal & Ors.
(cid:9) Respondents
Advocate-on-Record
Mr. Biswajit Manna
Advocate
Bar Association, Room No.6
High Court, Calcutta
DISTRICT: HOOGHLY
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
In the matter of:
W.P. No.(cid:9)
(W) of 2016
-And-
In the matter of
Lakshmikanta Bag
......(cid:9) Petitioner
-Versus-
The State of West Bengal & Ors.
(cid:9) Respondents
INDEX
Serial
Particulars
Annexures
No. Pages
1. List of Dates
2 . Points of La
3.
Medical documents of the petitione
- 3?
and his wife
Medical document pertaining to the
`P2'
injury caused to the petitioner on
lc- 'tail-
2.8.2010 (
5.
General Diary Entries lodged by the
petitioner with Srerampore Police
14 /
Station.
6.
First information report being
'P4'
Serampore Police Station Case No.
242 dated 13.6.2013 under Sections
59 5
9_6
498A/109/34 of the Indian Penal
Code
Letter of complaint dated 18.01.2016
`P5'
submitted by the petitioner before
the Additional Director General of

Police, Law & Order
Representation made by the
cP6'
petitioner and acknowledgement of
57 c0
receipt by the police authorities
LIST OF DATES :
02.08.2010(cid:9)
:A complaint was lodged by the petitioner against the
respondent no. 5 which was registered as Serampore Police
Station General Diary Entry No. 110 dated 2.8.2010.
06.07.2012(cid:9)
:A complaint was lodged by the petitioner with Srerampore
Police Station being Srerampore Police Station G.D. Entry No.
513.
12,06.2013
:A second complaint was lodged by the petitioner with
Srerampore Police Station being Srerampore Police Station
G.D. Entry No. 447.
13.06.2013
:The respondent no. 6 in connivance with her husband i.e. the
respondent no.5, instituted a false and frivolous case against the
petitioner and his dependents and the same was registered as
Serampore Police Station Case No. 242 dated 13.62013 under
Sections 498A/109/34 of the Indian Penal Code
13.12.2014
:A third complaint was lodged by the petitioner with
Serampore Police Station being Srerampore Police Station
G.D. Entry No. 512.
13.02.2015
A fourth complaint was lodged by the petitioner with
Serampore Police Station being Srerampore Police Station
G.D. Entry No. 457.
02.01.2016
:Lastly another complaint was lodged by the petitioner with
Srerampore Police Station being Srerampore Police Station
G.D. Entry No. 41.
18.01.2016(cid:9)
:The petitioner submitted a letter of complaint dated 18.01.2016
before the Additional Director General of Police, Law & Order.
QUESTIONS OF LAW
1.
Whether it is proper on the part of the respondent police authorities to
refrain from taking any action against the accused persons without any
proper and justifiable cause?
2.
Whether the respondent police authorities are having legal and statutory
duties to maintain law and order, as also to take appropriate steps
against the respondent nos. 5 and 6 for their illegal and unlawful acts ?
3.
Whether the respondent police authorities are having legal and statutory
duty to secure the life and liberty of the citizen ?
4.
Whether a writ in the nature of Mandamus can be issued and an interim

order can be granted as prayed for ?
art°
C94pHR
DISTRICT : HOOGHLY
IN THE HIGH COURT AT CALCUTTA
;31411i t
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P. No.(cid:9) of 201
In the matter of :
An application under Article 226 of the
Constitution of India;
-And-
In the matter of :
Writs of and/or Orders and/or Directions
in the nature of Mandamus and/or
Certiorari and/or any other appropriate
writ or writs and/or order or orders
and/or direction or directions there under;
-And-
In the matter of:
The Police Act, 1861 and Rules framed
`7there under;
2
-And-
In the matter of:
The Code of Criminal Procedure, 1973;
-And-
In the matter of:
Inaction and/or non-action on the part of
the respondent police authorities in not
taking appropriate steps to save the life of
the petitioner and his family members by
not taking appropriate measures against
the respondent nos. 5 and 6 over the facts
disclosed in the complaints filed by the
petitioner;
-And-
In the matter of:
Lakshmi Kanta Bag
Son of late Gostho Behari Bag
Of 137/102/4 N.0 Ghosh Sarani,
(previously known as 137, N.C. Ghosh
Sarani), Sarbamongala Pally, Sheoraphuli,
3
Police Station Serampore, Hooghly, Pin-
712223.
(cid:9) Petitioner
-Versus-
1. The State of West Bengal, service through
the Secretary, Home Department, having
his office at Nabanna, 325 Sarat Chandra
Chatterjee Road, Shibpur, Howrah-
711102.
2. The Director General of Police,
West Bengal, H.R.B.0 Building, Nabanna,
Mandirtala, Howrah- 711102.
3. The Superintendent of Police, Hooghly,
Chinsurah, District- Hooghly Pin 712101.
4. The Officer-in-Charge,
Serampore Police Station, Serampore,
Hooghly- 712223.
5. Anutosh Bag
Son of Laxmikanta Bag
Of 137/ 102 / 4 N. C Ghosh Sarani,
Sarbamongala Pally, Sheoraphuli, Police
Station Serampore, Hooghly, Pin- 712223.
6. Aloka Bag
Wife of Anutosh Bag
4
Of 137/102/4 N.0 Ghosh Sarani,
Sarbamongala Pally, Sheoraphuli, Police
Station Serampore, Hooghly, Pin- 712223.
(cid:9) Respondents
To
The Hon'ble Mrs. Manjula Chellur, Chief Justice and Her Companion Justices
of the said Hon'ble Court
The humble petition of the
Petitioner above named -
Most Respectfully Sheweth:-
1.
That your petitioner is a law abiding senior citizen of India and a
permanent resident of the place mentioned in the cause title hereinabove.
2. That the petitioner is aged about 85 years suffering from various old age
ailmentsand is residing at the abovementioned residence along with his ailing
wife, widowed daughter and his granddaughter.
Copies of medical documents of the petitioner and his wife are annexed
hereto and collectively marked with the letter `P1'.
3. That in the aforesaid premises, the respondent no.5 who happens to be
the younger son of the petitioner also resides along with his wife being the
(cid:9) eo-
respondent no. 6 and their son.
5
4.
That since after their marriage, the respondent nos. 5 and 6 started
creating disturbance in the family and such nuisance rose to such a magnitude
that the elder son the petitioner was compelled to leave the residence and since
then, the said son of the petitioner is residing separately for the last 15 years.
5.
That since the petitioner's elder son started to reside separately, his
younger son Anutosh and his wife Aloka Bag (being the respondent nos. 5 and
6 herein) started to pressurize the petitioner to transfer the right, title and
interest of his residential house in the name of the respondent no. 5. Such
situation further worsened when the petitioner denied agreeing to such
proposal as he was aware that in case he transferred the property in the name
of the respondent no. 5, the petitioner and his dependents would be ousted
from the said premises .
6.
That such inhuman torture upon the petitioner increased to such a level
that he was severely assaulted by his younger son i.e. the respondent no. 5
which resulted in a fracture on the petitioner's right wrist. Although a
complaint was lodged with Serampore Police Station over such incident, but
due to love and affection towards his son, the petitioner withdrew such
complaint. The said complaint was registered as Serampore Police Station
General Diary Entry No. 110 dated 2.8.2010. Although the respondent nos. 5
and 6 refrained from any further acts for the next couple of months, but after a
lapse of such period they again started threatening the petitioner and his