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Calcutta High CourtWPA/4805/2025disposed

Sabina Bibi v. The State Of West Bengal And ORS.

2025-03-13Hon'Ble Justice Tirthankar Ghosh2 pages

W.P.A. 4805 of 2025 Sabina Bibi.

VS The State of West Bengal & Ors.

Mr. Angshuman Chakraborty, Mr. S.S. Saha.

... for the Petitioner.

Mr. Suman Ghosh, Mr. Arka Mondal.

... for the State.

Affidavit-of-service filed by the petitioners be kept 13.03.2025 Court No. 35 Item No.31 Rakib with the record.

Petitioner is aggrieved by the fact that inspite of directions passed in C.Exe. 60 of 2022 for execution of the warrant of arrest, the police authorities are not executing the warrant of arrest in respect of a destitute lady. As such she is unable to get maintenance under the provisions of the PWDV Act, 2005.

State has submitted a report. Report reflects that the warrant of arrest has been sent to wrong police station, if any. According to the address which has been referred to in the warrant of arrest if should be addressed to Chandaneswar police station but inadvertently it may have been sent to be Bhangar police station. State has submitted that even Bhangar police station did not receive any warrant of arrest.

Be that as it may, the Assistant Commissioner of Police, In-Charge of Chandaneswar Police Station will ensure that, if any warrant of arrest is issued in

connection with C. Exe. 60 of 2022 by the learned ACJM, Barasat, North 24 Parganas, the same is executed immediately on receipt by the Chandaneswar police Station.

Needless to state that the present is a case under the provisions of the PWDV Act, 2005 and the same is pending since the year 2019. Efforts as such are to be made by the Assistant Commissioner of Police, being the superior police officer to ensure that the police authorities act with a human face for executing the warrant of arrest immediately after the same is received.

With the aforesaid observations WPA 4805 of 2025 is disposed of.

Report submitted by the State be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)