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Calcutta High CourtWPA/9486/2022disposed

Arun Kumar Banik v. The State Of West Bengal And ORS.

2022-07-25Hon'Ble Justice Shampa Sarkar2 pages

25.07.2022 Court No. 19 Item no.479 CP W.P.A. No. 9486 of 2022 Arun Kumar Banik Vs.

The State of West Bengal & ors.

Mr. Tapash Kr. Bhattacharya Mr. Aviroop Bhattacharya ...for the petitioner.

Mr. Bellal Sk.

...for the State.

Despite service, none appears on behalf of the respondent nos. 4 and 5.

The petitioner is the father of the respondent no. 4 and the father-in-law of the respondent no. 5. It is alleged that the said respondents had been torturing the petitioner and pressurizing the petitioner to transfer the property by way of a gift, in favour of the respondents. On the basis of the compliant of the petitioner, Taherpur Police Case No. 97/2022 was initiated by the police authorities under Sections 107, 323,506 and 120B and 24 of the Indian Penal Code, read with Section 24 and 25 of the Maintenance and Welfare of Parents & Senior Citizens Act, 2007.

It is submitted by Mr. Bhattacharya, learned advocate for the petitioner, that the said investigation is pending and during pendency of the investigation

further tortures were being inflicted upon the petitioner, which forced the petitioner to file a subsequent complaint. Prayers have made for a direction upon the police authorities to take appropriate steps so that the petitioner is protected in every manner.

Under such circumstances, this court is of the opinion that the Officer-in-charge, Taherpur Police Station, must take expeditious steps for conclusion of the investigation arising out of the Taherpur Police Case No. 97/2022 in accordance with law. Further, vigil shall be maintained in the area, so that the petitioner is not caused any harm by the respondent nos. 4 and 5.

With regard to the other prayers, the petitioner is at liberty to approach the appropriate authority under the Maintenance and Welfare of Parents & Senior Citizens Act, 2007.

The writ petition is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)