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Calcutta High CourtWPA/14426/2022disposed

Basanti Mondal v. State Of West Bengal And ORS.

2022-08-17Hon'Ble Justice Shampa Sarkar2 pages

17.8.2022 Sl.No.137 sn WPA 14426 of 2022 Smt. Basanti Mondal

Versus

The State of West Bengal & Ors.

Mr. Tulsi Das Maiti Mr. Snehasish Bala ...for the petitioner Mr. Somenath Ganguly Ms. Susmita Chatterjee ..for the State Mr. Soumya Basu Roychowdhury ..for the respdts.6-11 The petitioner alleges that the respondent no.6 with the aid and assistance of the respondent nos. 7 to 11 had tortured the petitioner and driven out the petitioner and her divorced daughter from the residential house situated at Village Ashariya under Bagnan Police Station.

The learned advocate for the respondent nos. 6 to 11 denies such allegation. He further submits that on the basis of the complaint lodged by the petitioner Bagnan Police Station Case No. 364 of dated July 13, under Sections 448/323/325/379/384/427/506/34 of the Indian Penal Code read with Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was registered against the petitioner.

The investigation is going on. The respondent no.6 was arrested and thereafter he was released on bail. The

respondent nos. 7 to 11 were granted anticipatory bail on July 25, 2022.

Learned advocate for the State respondents has filed a report. The police report also reiterates the statements of the learned advocate for the respondent nos.7 to 11.

The pending investigation shall be conducted in a free, fair and impartial manner.

If the petitioner and her daughter approach the police authorities for assistance to enter into their residential house, such assistance shall be provided. The police authorities shall a keep a vigil in order to ensure that no untoward incident takes place.

All the parties are directed to maintain law and order.

The writ petition is disposed of.

There will be no order as to costs.

All parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)