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2025 Supreme(Online)(Cal) 3824

CALCUTTA HIGH COURT
Tirthankar Ghosh, J
Swapan Murmu – Appellant
Versus
The State of West Bengal – Respondent
WPA 11048 of 2025



Important Points

The court upheld the state's responsibility to maintain law and order during community disputes and highlighted police proactive measures as legally sufficient.

Subject

Civil Law - Writ Petition

Act Referred

BNSS: S.126

Headnote

In the case concerning WPA 11048 of 2025, the court analyzed the interference with rites and rituals by the private respondents. The court noted state actions including police deployment to prevent disorder under Section 126 of the BNSS. The court determined that with appropriate monitoring by authorities, the matter could be resolved, resulting in the disposal of the writ petition.

Advocates:
For the Appellants/Petitioners: Mr. S. C. Atha
For the Respondents: Mr. Suman Ghosh, Mr. Arka Mondal, Mr. Surajit Basu, Mr. Suman Chakraborty, Ms. Jasika Alam

Mr. Surajit Basu Mr. Suman Chakraborty Ms. Jasika Alam … for the respondent nos.7,9,10 R e The petitioner is aggrieved by the fact that the private respondents have been interfering with his rites and rituals.

To that effect, there were incidents which flared up and it has also been admitted by the State that at the relevant point of time when the incidents took place, police picket was deployed.

According to the State, number of General Diary Entries and proceedings under Section 126 of the BNSS were drawn up to maintain peace and tranquility. For a period of almost 11 months, steps were taken by the police authorities.

Having regard to the nature of the dispute complained of, for the next six months, the Sub-Divisional Police Officer would call for a weekly report from the concerned police station as to whether there is any scope and/or possibility of repeated incident relating to the community as referred to in the writ petition.

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