Minati Mahish v. State Of West Bengal And ORS.

01.03.2023.

Court No.13 Item No. 28 ap W.P.A. No. 1111 of 2023 Minati Mahish

Versus

The State of West Bengal & Ors.

Mr. Soujanya Bandyopadhyay.

...For the petitioner.

Despite service of notice, the private respondents are not represented. Affidavit-of-service filed in Court today be taken on record.

The petitioner complains that in view of torture and harassment by son and daughter-in-law, they had to leave their residence and are staying elsewhere. The Inspector-in-charge, Domjur Police Station has filed a report dated 15th February, 2023. The same is kept with the record.

After registering the FIR No. 292 of 2022 dated 4th April, 2022 under Sections 341/325/506/34 of the Indian Penal Code and Section 24 of the Maintenance & Welfare of Parents and Senior Citizen Act, 2007, investigation was conducted and charge-sheet being C.S. No. 300 of 2022 dated 18th April, 2022 has been filed.

There is prima facie evidence before this Court in respect of the petitioner's allegation against the private respondents, son and daughter-in-law. In that view of the matter, Domjur Police Station shall escort the petitioner back into his residence. It

shall be ensured that the petitioner resides in the said residence in peace and without any disturbance from the private respondents.

In the event of any single further substantial complaint from the petitioner, appropriate enquiry will be made and Domjur Police Station shall be at liberty to escort the son and daughter-in-law out of the residence.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)