Mousumi Sharma v. State Of West Bengal And ORS.

19.04.2023 Court No.13 Item No.265 AP WPA 7474 of 2022 Smt. Mousami Sharma Vs.

The State of West Bengal and Ors.

Mr. Debasis Kar ... For the Petitioner.

Mr. Ashish Kumar Ganguly Ms. Karabi Roy ... For the State.

Mr. Dhananjay Banerjee Ms. Oindrila Ghosh Ms. N. Tasken Ms. Sangita Singh ... For the private respondent.

1.

The petitioner complains that her daughter-inlaw and her associates have assaulted her repeatedly on many occasions. They intended to dispossess the petitioner from her house. Title Suit No.262/2021 has been filed by the petitioner before the learned Civil Judge (Junior Division), Barrackpore, which is since pending. Injunction has been ordered by the Civil Court against the private respondent and Belgharia Police has been strictly directed to enforce the order of injunction passed by the Civil Court.

2.

On the complaints of the petitioner FIR No.872/21 dated 25th December, 2021, FIR No.513/21 dated 1st August, 2021, FIR No.472/21 dated 17th July, 2021, FIR No.25/22 dated 10th January, 2022 have been registered. Two FIRs have resulted in charge sheets.

3.

There is prima facie evidence of misconduct against the private respondent. In the event of any further complaint against the private respondent by the petitioner, coercive measures may be taken by the Belghoria Police.

4.

On the complaint of the private respondent against the petitioner FIR No.808/21 dated 20th November, 2021 has been registered and charge sheet No.01/22 dated 2nd January, 2022 under section 498A, 406, 323, 120B, 34 of the IPC has been filed. 5.

The private respondent resides in her parental house and not with the petitioner. The private respondent shall not visit the petitioner's house. 6.

With the aforesaid directions, the writ petition shall stand disposed of.

7.

There shall be no order as to costs.

8.

Report of the Officer-in-Charge, Belghoria Police Station, Barrackpore Police Commissionerate dated 2nd May, 2022 is taken on record.

9.

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

(Rajasekhar Mantha, J.)