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IN THE HIGH COURT AT CALCUTTA
JAY SENGUPTA, J.
Jagadish Chandra Sing - Petitioner
Versus
The State of West Bengal & Ors. - Respondents
WPA No. 1814 of 2024
Decided On : 31-01-2024
Police Protection - Property Dispute - The court directed the police to provide protection to the petitioner and his family members, ensure no breach of peace, and register FIR if any cognizable case is made out.
Fact of the Case:
The petitioner sought police protection due to continuous harassment, intimidation, and disturbance by the private respondents and others, who were trying to grab the petitioner's property.
Finding of the Court:
The court directed the police to ensure the petitioner's peaceful residence, register FIR if necessary, and provide necessary police help for medical treatment.
Issues: Continuous harassment and intimidation by private respondents, lack of police protection, and refusal to register complaints.
Ratio Decidendi: The duty of the police administration to ensure peaceful living for the petitioner and family members, and to register FIR if any cognizable case is made out.
Final Decision: The writ petition is disposed of with the court's directions to the police for providing protection and necessary assistance to the petitioner and his family members.
JUDGMENT :
Jay Sengupta, J.
1. This is an application seeking police protection and taking of steps on complaints made.
2. It does not appear that the private respondents could be served with notice.
3. Report filed on behalf of the State is taken on record.
4. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the owner of the property in question. Some persons might have been aggrieved with the son of the petitioner who had allegedly acted as an agent in a chit fund matter. Taking advantage of this situation, the private respondents and other miscreants of the locality had tried to grab the property belonging to the petitioner. In fact, they were able to oust them from their own residence. However, with police help, they returned back. But, the private respondents and others are continuously harassing, intimidating and disturbing the petitioner and his family members. The petitioner’s wife is sick and has to be taken to a hospital and/or doctors for treatment. The private respondents are not even allowing that. The police are not registering any complaint.
5. Learned counsel appearing on behalf of the State relies on the report filed earlier and submits as follows. On the complaint of the petitioner, a proceeding has been initiated under Section 107 of the Code. The police are keeping a close watch on the developments in the locality.
6. Merely because the petitioner’s son might be involved in some wrong doing, if at all, the petitioner and his family members cannot not be subjected to atrocities by the local people including the private respondents. In such event, it shall be the duty of the police administration to ensure that the petitioner can live a peaceful life at their residence.
7. If any cognizable case is made out, the police shall register FIR on the complaint made by the petitioner. They shall keep a sharp vigil at the locale and ensure that no breach of peace takes place. Surveillance shall include frequent visits of police patrols.
8. If any police help is required to take any member of the family outside for medical treatment, the same shall be rendered by the local police authorities.s
9. If any untoward incident occurs or is apprehended by the petitioner, the petitioner shall be at liberty to contact the Officer-in-Charge of the Shyampur Police Station who shall then act in accordance with law.
10. With these observations, the writ petition is disposed of.
11. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
12. Parties shall act on a server copy downloaded from the official website of this Court.
The court has the authority to direct police action to prevent harassment and ensure the safety of individuals involved in property disputes.
Police protection not granted in pure civil property disputes; approach civil court for possession remedies.
The court emphasized the duty of the administration to provide relief to victims of harassment and intimidation and directed the police to take necessary action to prevent any untoward incidents.
When parties involved in a civil dispute assure the court that they have no intention to cause harm or obstruction, the court may dispose of a police protection petition by recording such undertaking....
Police must issue notice under BNSS Section 64 and obtain undertakings against continued property threats despite prior FIR.
Eviction has to be in accordance with law – Putting a padlock to prevent a co-resident from entering is nothing but an act of mischief, which should not be encouraged.
The court clarified that police are to ensure public peace but not to adjudicate property rights.
The police have a duty to safeguard citizens and are expected to respond promptly and lawfully to all complaints, regardless of who is involved.
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