Papri Singha Roy Alias Paramanick v. The State Of West Bengal And ORS.

D/L 88 03.04.2025 Bpg.

ct.no.35 W.P.A.6299 of 2025 Papri Singha Roy alias Paramanick

Versus

The State of West Bengal & Ors.

Ms. Devi Priya Mitra.

...for the petitioner.

Mr. Swapan Banerjee Mr. Diptendu Narayan Banerjee.

...for the State-respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner is aggrieved by the interference of the police authorities so far as the custody of the child is concerned.

report has been submitted by the Inspector-in-Charge, Airport Police Station wherefrom it reflects that there was a direction by the learned District Judge, Alipore, 24 Parganas (South) dated 05.12.2024 in Guardians and Wards Act under ActVIII Case No.214 of 2024 wherein it was stated that the petitioner/father is permitted to visit and meet his son on any date of convenience at the respondent's temporary place of residence on requirement as per the convenience of the minor on a pre-intimation. Petitioner complains that unnecessarily the police authorities have been brought in for creating

pressure upon the petitioner although the petitioner has been cooperating and allowing the son to meet the father/respondent no.4. Petitioner also complains that there was no direction upon the police authorities to assist the private respondent no.4. State has submitted a report. Report reflects that several General Diary Entries have been registered at Airport Police Station in respect of the matrimonial discord and dispute as also in relation to the child concerned in spite of the civil court being in seisin of the matter.

Be that as it may, since an order has been passed by the learned District Judge in respect of visitation of the child concerned as and when there has been non-cooperation there is a probability that the respondent sought for police assistance. In such circumstances, until and unless the said order is modified, police authorities would be handicapped as they are only aiding and assisting a person who is trying to implement the order of the court.

In view of the aforesaid, I do not find any reason to interfere with the accusations made in the present writ petition. If the petitioner is so advised, petitioner would approach the learned District Judge in seisin of the matter for appropriate modification of the earlier so passed.

Accordingly, WPA 6299 of 2025 is disposed of.

There will be no order as to costs.

Needless to state that since no affidavits have been called for, the allegations and/or accusations made against the respondents in the writ petition are deemed not to have been admitted.

Report so submitted be kept with the record.

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

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

(Tirthankar Ghosh, J.)