Bidhan Chandra Chandra v. State Of West Bengal And ORS.

07.09.2021.

Item No.114.

Court No.13 ap W.P.A. No. 12540 of 2021 (Through Video Conference) Bidhan Chandra Chandra

Versus

The State of West Bengal & Ors.

Mr. Subhas Chandra Dutta.

...For the petitioner.

Ms. Chaitali Bhattacharya, Ms. Ssanjukta Samanta.

...For the State.

Mr. Sounak Bhattacharya.

..For the private respondents.

Affidavit-of-service filed in Court today be taken on record.

The writ petitioner claims that his 31⁄2 years old child is in the custody of his maternal grandmother and aunt.

It is submitted that he is the natural guardian and hence, the custody of the child should be handed over to him.

Mr. Bhattacharya, Counsel for the private respondents submits that the writ petitioner has never bothered to visit the child ever and the child does not know his father. He further submits that the Advocate-on-record of the petitioner, namely, Subhas Chandra Dutta has threatened his clients with consequences if they do not hand over the custody to him.

A complaint in this regard has been lodged with the Bolpur Police Station.

The Officer-in-charge, Bolpur Police Station shall forthwith enquire into the matter and register the complaint as an FIR and take appropriate steps in accordance with law.

This Court does not wish to express any opinion whatsoever in the matter and the observations made are absolutely prima facie and shall not be binding on any Court.

The forum for redressal of the petitioner's grievance is adequately provided for under the Guardian and Wards Act, 1890. The writ petitioner may avail the fora under the said Act for redressal of his grievances.

With the aforesaid observations, the instant writ petition shall stand dismissed.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)