Parbati Debnath And ORS. v. State Of West Bengal And ORS.

03.03.2022.

Court No.13 Item No. 38 ap W.P.A. No. 1980 of 2022 (Through Video Conference) Parbati Debnath & Ors.

Versus

The State of West Bengal & Ors.

Mr. Bikram Banerjee, Mr. Sutirtha Nayek.

...For the petitioners.

Mr. Santanu Kumar Mitra, Ms. Jyotsna Roy Mukherjee.

...For the State.

Mr. Sujon Chatterjee, Mr. Balaram Patra, Mr. Suvodip Bhattacharjee.

...For the respondent nos. 5 to 8.

The writ petitioners are aggrieved by alleged inaction of Burdwan Police Station.

It is submitted by the private respondent nos.5 and 6, being the son and daughter-in-law and their associates attacked the writ petitioner no.1 and tried to kill the petitioner no.1. It is further submitted that the petitioner no.1 is now compelled out of fear to stay with her third daughter.

The private respondents are represented.

It is submitted that in this matter, the petitioner was stabbed her son, the respondent no.5 herein and Medical reports are produced to this effect.

Counsel for the State, Mr. Santanu Mitra, produced the instructions dated 3rd March, 2022 of Inspector-in-charge, Burdwan Police Station addressed to the State Advocate and the same is taken on record.

It appears that two FIRs have been registered first of which is Burdwan Police Station Case No. 1482 of dated 27.12.2021 under Sections 448/427/323/325/307/506/34 of the Indian Penal Code against the private respondent nos.5 and 6. On a further complaint by one Ria Debnath, daughter of Madhav Debnath, a further FIR being Burdwan Police Station Case No.1479 of 2021 dated 27.12.2021 under Sections 341/427/323/325/506/34 of the Indian Penal Code have been registered against the aforementioned respondents.

It is expected that the further complaint have also been addressed to the Superintendent of Police, Purba Burdwan is enquired into and investigated. The Inspector-in-charge, Burdwan Police Station has assured the petitioners of police assistance if the son creates pressure upon her and/or tries to harm her.

This Court appreciates the proactive steps taken by Mr. Sukhamoy Chakraborty, Inspector-in-charge, Burdwan Police Station.

In that view of the matter, since the petitioners expressed their apprehension towards entering their own house along with their daughter, the Inspector-incharge, Burdwan Police Station shall depute suitable Constables to accompany the petitioner no.1 and her daughter back into her house at the address mentioned in the cause title.

The Inspector-in-charge, Burdwan Police Station shall also suitably warn the private respondent nos.5 and 6 as also the writ petitioners from causing any harm or untoward incidents against one another. The respective Counsels of the said petitioners and the private respondents assure that they shall live in peace. Any civil disputes and differences between the parties may be sorted out before a civil forum. With the aforesaid observations, 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.)