Sabitri Sarkar v. State Of West Bengal And ORS.
14.10.2024 (V/B-4) Ct. No.7 (Naba) W.P.A. 6089 of 2024 Sabitri Sarkar Vs.
The State of West Bengal & Ors.
Mr. Samrat Banerjee.
...for the Petitioner.
Ms. Sabnam De Bardhan, Mr. Sougata Mitra.
...for the State.
1. The affidavit-of-service as filed in Court today is taken on record.
2. By filing the instant writ petition, the writ petitioner alleges that she has been illegally evicted from the suit property at the behest of the private respondent nos. 5 to 7 who are her son, daughter-in-law and the daughter.
3. In course of hearing learned advocate for the writ petitioner draws attention of this Court to page no. 23 of the writ petition being a copy of the legal notice written by the learned advocate for the writ petitioner addressed to the respondent nos. 2 to 4 and submits that despite service of such notice no action has been taken on behalf of the respondent State authorities.
4. While opposing such prayer, learned advocate for the respondents draws attention of this Court to
the report dated 14.10.2024 as filed today by I.C., Murshidabad PS which is taken on record. It is submitted that from the said report it would reveal that pursuant to the complaint lodged on behalf of the writ petitioner, Murshidabad P.S. Case No. 167 of 2024 dated 07.03.2024 under Sections 323/325/328/406/427/506/34 IPC & 24 Maintenance & Welfare or Parents Senior Citizen Amendment Act, 2007, has been started and said case was endorsed to one SubInspector of Police of Murshidabad PS for investigation and substantial progress has been taken place in the said investigation.
5. On perusal of the entire materials as placed before this Court, it reveals that on the basis of the complaint as lodged on behalf of the writ petitioner, the police authorities have set the law into motion by starting a police case under the appropriate Sections of the Indian Penal Code.
6. Such being the position, this Court finds that sufficient compliance has been made by the respondent authorities by initiating appropriate police action. Accordingly, while disposing the instant writ petition, this Court directs the I.O. of Murshidabad P.S. Case No. 167 of 2024 dated 07.03.2021 to submit a final report before the jurisdictional Magistrate positively within a
month from the date of communication of this order.
7. With the aforementioned observations, the instant writ petition being WPA 6089 of 2024 is hereby disposed of.
8. Liberty is given to the writ petitioner to communicate the server copy of this order to the Officer-in-Charge, Murshidabad Police Station. The Officer-in-Charge, Murshidabad Police Station is hereby directed to act on the server copy of this order.
9. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Partha Sarathi Sen, J.)