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Calcutta High CourtWPA/11046/2025disposed

Ms. Suhana v. State Of West Bengal And ORS.

2025-07-07Hon'Ble Justice Tirthankar Ghosh5 pages

07.07.2025 WPA 11046 of 2025 Sl.No.

Court No. 35 Ms. Suhana -VsThe State of West Bengal & Ors.

G.S.Das Mr. Anindya Sundar Das Mr. Shaunak Ghosh Mr. Md. Suhail Mr. Suman Halder Ms. Paramita Mondal ... for the Petitioner(s) Mr. Bhaskar Prasad Vaisya, ld. AGP Mr. Sagnik Chatterjee ... for the State-respondent(s) Re The petitioner complains that inspite of her representation dated 19.04.2025 being submitted with the police authorities, no steps have been taken. The petitioner is also unable to enter petitioner's residence for being a transgender.

State has submitted a report which reflects that the present petitioner has two married wives. One is Ismatara Bibi - the first wife, who initiated a case being Nandigram P.S. Case No. 509 of

2016 dated 29.12.2016 and the other is Ajmira Khatun - the second wife, who also initiated a case being Nandigram PS Case No. 625 of 2021 dated 24.09.2021 under Sections 498A of the IPC and Section 4 of the DP Act.

There has been family dispute from the inception which is reflected and the same commenced since the year 2016. The police authorities are well acquainted with the nature of dispute and differences between the petitioner and the family members.

Now, it is claimed that the petitioner cannot enter petitioner's residence. The police report reflects that local representatives objected to the petitioner entering the residence as wives and children were not taken care of.

However, on an interference with the police authorities, the respondent nos.

5 and 6 stated that they have no

objection.

There were issues of hot altercation which took place between the petitioner and the respondent nos. 5 and

6. Consequently, the police authorities have drawn up a proceeding under Section 126 of the BNSS to maintain peace and tranquility.

The police authorities have already taken steps according to the circumstances which were prevailing.

If further inconveniences are faced by the petitioner, the petitioner would report to the police authorities.

Since, a proceeding under Section 126 of the BNSS has been drawn up by the police authorities, the police authorities would ensure that no untoward incident results because of the circumstances which are existing having its genesis over number of issues starting from the family dispute to the petitioner claiming to be a

third gender.

With the aforesaid observations, WPA 11046 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record. Copy of the report be handed over to the petitioner.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)