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Calcutta High CourtWPA(H)/30/2025dismissed

Sima Chakraborty v. The State Of West Bengal And ORS.

2025-05-14Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Reetobroto Kumar Mitra3 pages

14.05.2025 rpan /10 WPA (H) 30 of 2025 Sima Chakraborty - Versus - The State of West Bengal & Others Mr. Dibashis Basu, Mr. Jayanta Kr. Sanyal, Mr. Anath Nath Naskar, Mr. Arun Bandyopadhyay ...for the Petitioner.

Mr. Debabrata Chatterjee, Mr. Simanta Kabir ... for the State/Respondents.

Affidavit-of-service, as filed, be kept on record.

The present writ petition has been preferred inter alia praying for issuance of necessary direction upon the State authorities/respondents to recover the nephew of the petitioner.

Mr. Basu, learned advocate appearing for the petitioner submits that on 7th January, 2025, the petitioner came to learn that her nephew, namely, Amit Ghosh (in short, Amit) has been admitted at a rehabilitation centre. Worried about such condition the petitioner immediately went to meet Amit. However, the authorities of the said rehabilitation Centre refused to allow the petitioner to meet with Amit. Aggrieved thereby, the petitioner lodged a complaint before the respondent nos.3 and 4 on

29th January, 2025 stating inter alia that Amit had been forcibly admitted in a rehabilitation centre though he does not suffer from any ailments. The petitioner had also been refused to meet with Amit by the authorities of the said rehabilitation Centre. In spite of such complaint no effective steps were taken by the authorities and as such, the petitioner has approached this Court.

Mr. Chatterjee, learned advocate appearing for the State authorities/respondents denies and disputes the contention of the petitioner and submits that upon receipt of information as regards the dispute, an Assistant Sub-Inspector of Police attached to the office of the Khardah Police Station, enquired into the matter and ascertained that Amit was admitted in a rehabilitation centre, namely, Sodepur Spirit Foundation Gents Unit and is undergoing treatment in the said rehabilitation centre.

We have heard the learned advocates appearing for the respective parties. There is no material on record to infer that Amit is under illegal detention. It appears that at present Amit, who is suffering from some ailment, has been admitted in a rehabilitation centre. In view thereof, no interference is called in the present writ petition and the same is, accordingly, dismissed.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.

(Reetobroto Kumar Mitra, J.) (Tapabrata Chakraborty, J.)