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Calcutta High CourtWPA/8455/2025disposed

Adhir Kumar Patra v. The State Of West Bengal And ORS.

2025-05-05Hon'Ble Justice Tirthankar Ghosh2 pages

05.05.2025 W.P.A. 8455 of 2025 Item No.17 Ct. No.35 dc.

Adhir Kumar Patra versus The State of West Bengal & Ors.

Mr. Anindya Bose, Mr. Suman Das ... For the Petitioner.

Mr. Rajarshi Basu, Mr. Subhendu Sengupta ... For the State.

Mr. Gourab Ghosh ... For the Respondent Nos.7 & 8. Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner.

The nature of the accusation complained of prima facie reflects that there is a family feud existing between the petitioner and his son and daughter-in-law. The petitioner has alleged that after misrepresenting, the respondent no.7 (son) and the respondent no.8 (daughter-in-law) had been trying to throw away him from his residence. It is now alleged before this Court by the petitioner that he has already been thrown away from his residence.

State has submitted a report which reflects that earlier there was a case being Egra P.S. Case No. 380 of 2024 wherein on conclusion of investigation, charge-sheet has been submitted. It

is also reflected that Egra P.S. Case No. 435 of 2024 was registered for investigation. In the said case also charge-sheet has been submitted against the respondent nos. 7 and 8 and four others.

Having considered that already criminal cases are pending and the accusation of the present petitioner that he is unable to enter his residence, I am of the view that the petitioner will apply before the appropriate authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. If the concerned authority passes any direction upon the police authorities, it would be the bounden duty of the police authorities to respect, obey and implement the said order.

With the aforesaid observations, the writ petition being WPA 8455 of 2025 is disposed of. There will be no order as to costs.

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.)