Tanima Ghosh v. State Of West Bengal And ORS.

16.04.2024 WPA 9297 of 2024 Tanima Ghosh -vsThe State of West Bengal & ors.

Mr. Kallol Mondal Mr. Krishan Ray Mr. Souvik Das ...for the petitioner Mr. Vimal Kumar Shahi Ms. Rupsha Chakrabory ...for the State Affidavit of service filed on behalf of the petitioner is ssi Ct 14 taken on record. It appears that a private respondent refused to accept service.

Report filed on behalf of the State is also taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the aged and ailing mother in law of the respondent no.6. The respondent no.6 had been torturing the parents in law for quite some time. The situation became so grave that the petitioner had to leave her own house. Several complaints were made before the police in this regard. But, they had taken no steps. After filing of the writ petition, the police have taken steps and have registered an FIR against the daughter in law under Section 323, 325, 307, 116 and 34 of the Indian Penal Code and Section 24 of Maintenance and Welfare of Parents and

Senior Citizens Act, 2007. It is learnt that the daughter in law has now fled the matrimonial home. The petitioner wants to return back to her own residence.

Learned counsel appearing on behalf of the State relies on the report and denies any police inaction. He submits that earlier, a proceeding was initiated by the police, inter alia, under Section 107 of the Code. Afterwards, a specific FIR was registered as Serampore PS Case No. 209 dated 08.04.2024.

It appears that after filing of this writ petition, the police have lodged an FIR.

Be that as it may, the prime grievance of the petitioner has already been redressed. She shall be at liberty to return back home.

The Investigating Agency shall conclude the investigation expeditiously and in accordance with law. No further order need be passed in this regard. The police authorities shall keep a sharp vigil at the locale and ensure that no breach of peace takes place. With these observations, the writ petition is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. Parties shall act on a server copy downloaded from the official website of this Court.

(Jay Sengupta, J.)