Tarun Kumar Rakshit vs Union Of India & Ors
2021 Latest Caselaw 4363 Cal

23-08-2021
 sl. no. 16
tkm/ct. 8
                                     WPA 12405 of 2021
                                    Tarun Kumar Rakshit
                                          Versus
                                    Union of India & Ors.
                                (Through Video Conference)

                            Mr. Biswaroop Bhattacharya
                            Mr. S Mondal
                            Mr. A Bose
                                                        ... for the petitioner
                            Mr. Y J Dastoor, ld ASG
                            Ms. Amrita Pandey
                                                 ... for respondent no. 1/UOI

Mr. Debashis Sarkar Mr. Sayan Sinha Mr. Subhabrata Datta ... for the State

Petitioner claims that the petitioner was ousted from his

residence on post poll violence.

Learned advocate for the State submits that the petitioner

is an accused in a criminal complaint in respect of which charge

sheet was submitted. He submits that the police conducted

enquiry after receipt of the writ petition and found that the

residence of the petitioner was not vandalized, as falsely

claimed. He submits that the petitioner was not residing at the

residence in order to evade arrest by the police in respect of the

criminal case against the petitioner and his son of cheating. He

submits that the allegations made in the writ petition with regard

to post poll violence are false.

Learned advocate for the Union of India submits that

Larger Bench of this Court delivered a judgment with regard to

post poll violence.

In the facts of the present case, it appears that there were

criminal complaints against the petitioner, his son and his wife

much prior to the election in the State taking place. The police

completed the investigation with regard such criminal case and

submitted charge sheet therein. Apparently, the petitioner and

his family members are not residing at their residence since the

police compliant is one of cheating.

Learned advocate for the State submits that the police will

extend assistance to the petitioner and his family members to

return to their residence and live there. He submits that the there

are pending warrants to be executed as against the petitioner and

his family members.

In such circumstances, the petitioner will report to the

Officer in Charge of the local police station on August 25, 2021 at

11 a.m. The Officer in Charge of the local police station will make

necessary arrangements so that the petitioner and his family

members can return to their residence. The police will ensure

that no breach of peace occurs at the locale.

List the writ petition on August 27, 2021 when the police

will submit a fresh report.

It is clarified that this order will not prevent the police

authorities from executing any warrant against the petitioner

and his family members.

(DEBANGSU BASAK, J.)