Mosiur Rahaman Chowdhury v. The State Of West Bengal And ORS.

D/L 60 06.02.2025 Kausik ct.no.35 W.P.A. 2119 of 2025 Mosiur Rahaman Chowdhury

Versus

The State of West Bengal & Ors.

Mr. Sattwik Bhattacharyya Mr. Aashutosh Bhattacharyya Mr. Sandeep Gupta ...for the petitioner.

Mr. Shraman Sarkar Mr. Ishan Sen Mr. Dhiman Banerjee ...for the private respondent.

Mr. Swapan Banerjee, AGP Mr. Soumen Chatterjee ...for the state.

Petitioner has approached this court expressing that he cannot enter his residence or recover his parents who has been restrained by the private respondent no. 6.

Learned advocate submits that the respondent no. 6 is having association with a local political leader, is exercising her powers in order to prevent the petitioner from entering the residence and/or taking care of the parents who have been illegally detained.

State has submitted a report. Report reflects that a case being Medinipur All Women Police Station

Case No. 65/2024 dated 23.11.2024 has been registered under the relevant provisions of BNS as well as the Dowry Prohibition Act.

On query, learned advocate for the State submitted that the petitioner has not obtained bail or has appeared in connection with the said criminal case.

Learned advocate for the private respondent no. 6 submits that the petitioner has been working at Calcutta and is not participating in the court proceedings and in order to evade the due process of law, has instituted the present writ petition. I have considered the submissions of the respective parties and prima facie since the learned advocate for the petitioner has sought for permission to enter at his residence and sought for protection by circumventing the regular process of law, I hold that the petitioner has not come up with clean hands before this court.

Accordingly WPA 2119 of 2025 is dismissed.

Report so submitted be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)