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Calcutta High CourtWPA/6860/2022disposed

Amit Halder v. State Of West Bengal And ORS.

2022-07-15Hon'Ble Justice Shampa Sarkar3 pages

15.7.2022 Court No. 19 Item no.3 sn WPA No. 6860 of 2022 Amit Halder Vs.

The State of West Bengal & ors.

Mr. Mit Guha Roy ....for the petitioner Mr. Amitesh Banerjee Mr. Suddhedev Adak ..for the State Perused the report furnished by the West Bengal Commission for Protection of Child Rights, (herein after referred to the said Commission) dated July 7, 2022.

It is submitted by Mr. Amitesh Banerjee, learned Senior Standing Counsel, that in order to comply with the earlier order passed by this Court, the Commission asked the District Child Protection Unit to enquire into the matter and furnish a report. Upon such enquiry, an assessment of the mental health of the girls were made and a report was filed before the Commision.

The Officer-in-Charge, Parnasree Police Station was directed to send both the Children to CCI Keertika Home for girls for temporary care and protection. It is submitted that the Officer-in-Charge of the said Police Station, has already placed the

children in the Home, as per the direction of the Commission.

Both the children needed immediate medical attention and psychiatric evaluation.

The enquiry report prepared by the Counsellor of the District Child Protection Unit, has also been produced before this Court.

Under such circumstances, the function of the police authorities in this regard, is complete. The police authorities further submit that the respondent nos. 6 to 8 were not found at their residence. Local enquiry did not reveal that the said persons suffered from any serious mental issue. The people informed the police about their unnatural behaviour. However, the police authorities gathered information that the said respondents often resided elsewhere, by keeping the house under lock and key. The Commission informed the police authorities, that the respondent no.6, had allleged torture by the petitioner. The police authorities, however, did not find proof of such allegation.

Having heard Mr. Banerjee and having considered the report of the Commission, this Court directs that the police authorities shall keep a strict vigil in order to ensure that the property and the respondent nos. 6 to 8 are safe. Regular patrolling

must be done in an around the property of the respondent nos.6 to 8. If the police authorities find the conduct of the respondent nos. 6 to 8, to be unnatural or unusual, the police authorities shall take necessary steps under the relevant law. Whether outsiders visit the house or not must be closely watched.

This writ petition is disposed of.

There will be, however, no order as to costs. All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)