Riju Ray v. State Of West Bengal & ORS

ns W.P.A. No.6681 of 2020 29.09.

With CAN 1 of 2020 (old CAN 5565 of 2020) Riju Ray

Versus

The State of West Bengal & ors.

(Via Video Conference) Mr. Debarshi Brahma ... for the petitioner.

Mr. Ayan Banerjee ... For the State.

CAN 1 of 2020 (old CAN 5565 of 2020) is disposed of by taking up the writ petition for consideration.

Petitioner complains of police inaction.

Learned Advocate appearing for the petitioner submits that, the petitioner is unable to see his son and wife.

Learned Advocate for the State submits that, the petitioner approached the writ Court for issuance of a writ of habeas corpus, which was disposed of by an order dated January 13, 2020. Moreover, the petitioner filed an application for custody of the child.

There is an order passed by the Hon'ble Division Bench dated January 13, 2020 recording that, the child is residing with the mother and maternal grand parents. The Hon'ble Division Bench also returned the finding that, no cognizable offence could be detected.

In view of such finding returned by the Hon'ble Division Bench and since there is no material alteration of the position subsequent to the order of the Hon'ble Division Bench, no interference by a writ Court is called for.

W.P.A. No.6681 of 2020 is disposed of.

No order as to costs.

( Debangsu Basak, J. )