Arun Naskar And ANR. v. State Of West Bengal And ORS.

W.P.A. 7955 of 2025 Arun Naskar & Anr.

VS The State of West Bengal & Ors.

Mr. Amit Baran Dash, Ms. Ankana Sarkar.

...for the Petitioners.

Mr. Samaruddha Das.

...for respondent nos.6 & 7.

Mr. Jayanta Samanta, Jr. Govt. Adv, Ms. Indumouli Banerjee.

...for State.

Affidavit-of-service filed by the petitioners be kept 29.04.2025 Court No. 35 Item No.14 Rakib with the record.

Petitioners are parents who have instituted the present writ petition against the private respondents who happens to be son and the daughter-in-law. The main grievances of the petitioners are that they are subjected to physical and mental torture at the behest of the private respondents and as such they feel insecured because of their aggression.

Learned advocate for the respondent nos. 6 and 7 submit on the other hand that because of instigation of the married daughters of the petitioners the son (respondent no.6) and the daughter-in-law (respondent no.7) are subjected to harassment.

State has submitted a report which reflects that series of cases are pending being Sonarpur PS Case no. 141/24, Sonarpur PS Case no. 1554/24, Sonarpur PS Case no. 1555/24 and Sonarpur PS Case no. 1617/24.

Report also reflects that proceedings have drawn up under Sections 107/116(C) of the Cr.P.C. and proceeding lastly has been drawn up under Section 126 of the BNSS. Having considered the fact that a family feud has blown out of proportion, police authorities would hardly have any role to interfere with the same and whenever offences have been complained of cases have been registered where cognizable offence surfaced and in other occasions for maintaining peace and tranquility proceedings have also been drawn by the police authorities.

Having regard to the fact that there is a statutory provision for approaching the appropriate authority under the Maintenance and Welfare of Parents and senior Citizens Act, 2007, I am of the view that the petitioners would approach the concerned forum, if any direction is passed by the forum the local police authorities would respect, obey and implement such order.

In the meantime, police authorities would ensure that the present petitioners are not subjected to any harassment, abuse and mental torture at the hands of the private respondents.

With the aforesaid observations WPA 7955 of 2025 is disposed of.

Report so submitted by the State be kept with the record.

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

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

(Tirthankar Ghosh, J.)