Parimal Paul v. State Of West Bengal & ORS

10.09.2020.

rc Item No.01/SL Court No. 13 WPA No. 6312 of 2020 With CAN No. 1 of 2020 Old No. CAN/4806/2020) Parimal Paul

Versus

The State of West Bengal & Ors.

(via video conference) Mr. Suryaneel Das ....for the petitioner Mr. Amitesh Banerjee ...for the State The writ petition is directed against a complaint made before the Office-in-Charge, Patuly Police Station, Kolkata to the effect that the petitioner along with his wife are being harassed and tortured mentally and physically by his son, Shri Alok Kumar Paul. It is also alleged by the petitioner that his son, Shri Alok Kumar Paul is pressuring him for money on regular basis and creating a chaotic and unhealthy situation in the house. Learned advocate for the petitioner submits that the complaint which has been lodged before the Office-inCharge, Patuly Police Station, Kolkata has not been considered by the Office-in-Charge, Patuly Police Station, Kolkata. Hence, this writ petition.

The petitioner prays in this writ petition for an order directing the respondents to ensure the petitioner and his wife is able to live in a situation conducive to the leading a normal and healthy life and to see the law and order situation at the premises of the petitioner is maintained.

This dispute is absolutely private in nature in true sense but since the Office-in-Charge, Patuly Police Station, Kolkata has been informed about the plight of the petitioner and his wife being senior citizen, necessary action can be taken under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Mr. Amitesh Banerjee, learned senior advocate appearing for the State submits that since it is private dispute between parents and son and the petitioner being a senior citizen, the petitioner can avail remedy under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. However, necessary assistance will always be rendered by the police in the locality.

Therefore, this writ petition is disposed of by directing the Office-in-Charge, Patuly Police Station, Kolkata to inspect the premises of the petitioner and to see whether any torture physically and mentally is being done by his son and if it is found so happen, the Office-in-Charge, Patuly Police Station,

Kolkata will take necessary action against the erring person in accordance with law.

With these directions this writ petition being W.P.No. 6312 of 2020 and CAN 1 of 2020 are disposed of without any order as to costs.

(Shivakant Prasad, J.)