Md. Moinuddin Khan And ANR. v. State Of West Bengal And ORS.

12.09.2025 Court No.551 D/L No.10 S. Gayen

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 1650 of 2025 Md. Moinuddin Khan & Anr.

Versus

The State of West Bengal & Ors.

Mr. Bari Israil Mr. Arnaya Basu Mr. Sayed Md. Sayud ...for the Petitioners Mr. Biswabrata Basu Mallick Mr. Sayan Ganguly ...for the State

1. The petitioners have filed this writ petition assailing an order dated January 10, 2025 passed by the District Protection Officer under Protection of Women from Domestic Violence Act, towards implementation of an order dated April 26, 2022 passed by the learned Judicial Magistrate, Additional Court, Lalbagh, Murshidabad in Misc. Case No.13 of 2021.

2. On the last occasion when the matter was taken up the learned advocate appearing for the petitioner had handed up a copy of the order being Order No. 02 of 2025 dated March 28, 2025 passed by the learned Sessions Judge, 1st Fast Track Court, Lalbagh, Murshidabad in Criminal Appeal No. 02 of 2025

(ADJ), whereby the order dated April 26, 2022 had been stayed "only to the extent that the petitioner be allowed to access her rooms situated in house". The order clarifies that other orders of Magistrate regarding restraint of domestic violence would remain in effect.

3. Today, the learned advocate for the petitioners hands up a copy of the information slip said to have been obtained from the Court of the learned Additional District Judge, 1st Fast Track Court, Lalbagh, Murshidabad dated September 11, 2025 which reveals that the order of stay granted by the order dated April 28, 2025 has been extended till February 5, 2026. Let the same be kept with the record.

4. It is submitted that since the order dated April 26, 2022 passed in Misc. Case No. 13 of 2021 (implementation whereof has been impugned in the present writ petition), has been partially stayed as directed by the order dated March 28, 2025 passed in Criminal Appeal No. 02 of 2025, the instant writ petition has lost its sheen.

5. In such view of the matter nothing remains to be decided in the present writ petition.

6. Accordingly, WPA 1650 of 2025 is hereby disposed of as having become infructuous.

7. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all requisite formalities.

(Om Narayan Rai, J.)