Anita Patra Ghosh v. State Of West Bengal And ORS.

444. 17.03.2025 Court No.29.

(Pritam) WPA (H) 17 of 2025 Anita Patra Ghosh -Vs.- The State of West Bengal & Ors.

Mr. Pronojit Roy, Ms. Abira Bhattacharya .....for the petitioner.

Mr. Rana Mukherjee, Ld. A.P.P., Mr. Simanta Kabir ......for the State.

1. This is a misconceived writ petition. Apparently, the writ petition was filed for issuance of a writ of habeas corpus on the basis that the petitioner's son has gone missing.

2. Today, the State has filed a report. Let the same be kept with the records.

3. From the report, we find that, in fact, there is a matrimonial dispute between the petitioner and her husband. A criminal case is also pending against her husband. The police have found out upon local enquiry that the petitioner's son, Anik Ghosh, is residing with his father, Abhijit Ghosh (the petitioner's husband) in a rented house at Netaji Nagar, PS- Madhyamgram District- North 24 Parganas. Annexed to the report is a joint photograph of the petitioner's husband and the child and a written declaration of the said Abhijit Ghosh. In view of the aforesaid, it cannot be said that the petitioner's child is missing any more. The

petitioner's prayer for granting access to the child is not within the purview of a habeas corpus writ petition.

4. Accordingly, WPA (H) 17 of 2025 stands disposed of. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)