Calcutta High CourtWPA/4203/2021disposed

Jagadish Karmakar v. State Of West Bengal And ORS.

2022-02-15Hon'Ble Justice Rajasekhar Mantha2 pages

15.02.2022 Court No.13 Item No.20 sp WPA 4203 of 2021 Jagadish Karmakar Vs.

The State of West Bengal & Ors.

(Through Video Conference) Mr. Gautam Banerjee, Mr. Samrat Das ... for the petitioner.

Ms. Chama Mukherjee, Ms. Paramita Pal ...for the respondent no.1 Mr. Chandan Kumar Lal ...for the respondent nos. 4 & 5 The writ petitioner is aggrieved that the son and daughter-in-law have tortured him and have forced him to leave his own house. The writ petitioner claims to be living at railway station.

Counsel for the State submits that after receipt of complaint from the petitioner, thorough investigation has been conducted by the Officer-in-Charge, Rahara Police Station personally. It appears that the house in question is self-acquired and belonged exclusively to the petitioner. Friction between the petitioner and the private respondents started when the petitioner got married after the death of his first wife.

This Court notes that it is the wish and will of the petitioner as to who he wishes to marry since he is widowed and/or single.

Since the son and daughter-in-law have stated before the Officer-in-Charge, Rahara Police Station that they have not and shall not trouble or obstruct the

petitioner, the petitioner shall be entitled to return to his house and live there at peace.

For the aforesaid purpose, the Officer-in-Charge, Rahara Police Station shall depute a constable to accompany the petitioner back to his residence tomorrow (16.02.2022) at 11 am. The petitioner and his wife shall report to the Rahara Police Station by 10.30 am. tomorrow (16.02.2022).

The Officer-in-Charge, Rahara Police Station shall summon the private respondents and warn them against causing any trouble to the petitioner or his newly married wife.

With the aforesaid observations, the writ petition shall stand disposed of.

There shall be no order as to costs.

The report of the Officer-in-Charge, Rahara Police Station dated February 12, 2021 is kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)