Legal Battle Of Mr. S: Case Of Assault And Trespass On Diwali Night

Date of Incident and events that followed

On 23/10/2022 around 8.30 p.m. Mr. S and his family were celebrating Diwali and the children were bursting crackers. Around that time a rocket or a shell cracker burst loudly in the lower neighboring area and some neighbors came around and claimed that it had entered their house.

After that a chain of incidents followed which led to tremendous amount of distress to Mr. S and his family. Some neighborhood ruffians namely Auto, Bapi G, Liton, Bairagi, Kaushik D, Debu and others barged into their house and started spurting expletives, they were in an inebriated state and upon defending himself and his family the accused started a physical brawl. They grievously hurt Mr. S’s mother UR, who is an elderly lady of 63 years, inappropriately touched and assaulted Mr. S’s wife, AT and injured his elder brother C, elder sister-in-law P and elderly father B. AT was kicked and assaulted so much so that that she suffered a miscarriage. Mrs. UR the elderly mother was beaten up to such an extent that she suffered several major injuries like multiple fractures. When several neighbours came to help the family they were also manhandled. The situation got out of hand and the local club people had to be called and finally the family upon the arrival of the ward councilor went to the Uttarpara Police Station to lodge a official complaint on 24/10/2022.

Turmoil faced by the Mr. S and his family

Mr. S’s elderly mother namely Mrs. UR was beaten and attacked heinously by the mob of people she was assaulted with bricks, lathi and rods which caused multiple fractures on her body. She had to be admitted in the hospital and be operated upon. Her right forearm was seriously injured and due to multiple fractures in the bone she had to undergo surgery where titanium nails were inserted into her arm for recovery. Even after discharge from hospital she was unable to move and was practically bed ridden. The doctors were not sure whether she would be able to recover fully and resume normal activities. The bereaved family not only suffered mental and physical distress but huge medical expenses. On the other hand, AT who suffered a miscarriage went into a state of mental shock and depression.

Even after lodging a complaint with the Police station the men responsible for such shameful acts fled the situation and were not arrested. Later the police arrested a few of the notorious men but three of them went absconding. These miscreants were often found near Mr. S’s neighborhood lurking around the family home and passing threatening looks to the family members. Mr. S and his brother being the breadwinner of the family, had to go to work and were scared for the lives of their elderly parents, wives and children. Even after repeated requests to arrest the absconding people and provide protection to the family members the police turned a blind eye. The family was fed up of making unfruitful requests to the police authorities as the police neglected their duties and did not investigate the case properly.

Advocate Rajesh Kshetry provided his help

Then Mr. S finally decided to appeal to court and turned to learned counsel Mr. Rajesh Kshetry for help. Advocate Rajesh Kshetry tirelessly appealed to the court not to grant bail to the accused persons. Mr. Rajesh Kshetry appealed the High Court to protect the Fundamental Rights of Mr. S and his family who are law abiding citizens and provide them with necessary relief and compensation.