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Calcutta High Court · body

2026 DAILYLAW 35335 (CAL)

KAMAL KUMAR JAIN AND ANR v. STATE OF WEST BENGAL AND ORS.

WPA/19458/2026 · 2026-08-14

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

13. 13. 14.08.2026 (M/L) (M/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 19458 OF 2026 KAMAL KUMAR JAIN AND ANOTHER VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Sandipan Ganguly, Sr. Adv. Mr. Sarbananda Sanyal, Adv. Mr. Soumya Basu Roy Chowdhury, Adv. …For Petitioners Mr. Partha Chakraborty, Adv. Ms. Oisani Mukherjee, Adv. …For State Mr. Rachit Lakhmani, Adv. Ms. Pooja Sah, Adv. …For Respondent Nos.7 & 8 Mr. Moyukh Mukherjee, Adv. (Via VC) Ms. Sarmistha Basak, Adv. …For Respondent No.9 1. Affidavit-of-service filed on behalf of petitioners is taken on record. 2. Matter is heard in presence of learned advocates representing petitioners, State respondents and private respondents. 3. Mr. Sandipan Ganguly, learned Senior Advocate representing petitioners submits that petitioners are senior citizens who have approached this Court with the present writ petition, inter alia, seeking direction upon the concerned police authority which would permit petitioners to stay on the ground floor of the premises in question peacefully. 4. Petitioners are complaining of disturbance at the instance of respondent nos.7 & 8. 5. Learned advocate representing respondent nos.7 & 8 disputes submissions made on behalf of petitioners [2] and it is submitted that civil proceedings are pending concerning premises in question. 6. Learned advocate representing State respondents has filed a communication dated 13th August, 2026 of Inspector-in-Charge, Bidhannagar North Police Station and same is taken on record. Copies of the said communication dated 13th August, 2026 are made over to learned advocates representing petitioners, respondent nos.7 & 8 and respondent no.9. 7. It is disclosed in the said communication dated 13th August, 2026 that based on complaint lodged by the petitioners a criminal prosecution has been initiated after registering FIR being Bidhannagar North P.S. Case no.122 of 2026 dated 5th July, 2026. 8. Taking into account steps taken by the concerned police authority by initiating criminal prosecutions, concerned police authority is directed to take the investigation to its logical conclusion by submitting report before the jurisdictional Magistrate. 9. Concerned police authorities are also directed to provide assistance to petitioners, if occasion so arises. 10. Writ petition stands disposed of. 11. However, this order shall not in any way influence the proceedings which are pending before the Civil Court. 12. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)