Purnima Sarkar v. State Of West Bengal And ORS.

WPA 16601 of 2025 Sl.No.

11.08.2025 Court No. 35 With CAN 1 of 2025 G.S.Das Purnima Sarkar -VsThe State of West Bengal & Ors.

Mr. Shamik Bagchi Mr. F. Mallick ... for the Petitioner(s) Mr. K. J. Yusuf, ld. AGP Mr. Arun Kr. Singh ... for the State - Respondent(s) Mr. Arunava Baerjee Mr. Asit Bera Ms. Simantika Dasgupta Ms. Ritika Mandal Mr. Sk. Qareeb ... for the respondent(s) Re The petitioner being aggrieved by the conduct of the private respondents and the inaction of the police authorities has approached this court.

State has submitted a report which reflects that Sonarpur PS Case No.

1047 of 2022 dated 29.09.2022 has been registered for investigation at the instance of the present petitioner. Subsequently, on the basis of another complaint of the

petitioner, Sonarpur PS Case No. 384 of 2025 dated 09.03.2025 has also been registered for investigation. In both the cases, charge-sheet have already been submitted.

On the other hand, on the basis of information furnished by the private respondent no.8, Sonarpur PS Case No.

613 of 2025 dated 19.04.2025 has been registered for investigation. The petitioner, additionally, has taken out an application being CAN 1 of 2025 wherefrom it reflects that a case under the provisions of the PWDV Act, 2005 has been filed before the learned ACJM, Baruipur being AC 64 of 2025.

Since the residential rights are absolutely the domain to be considered under the said Act, the petitioner would take steps in respect of the inconveniences faced by her before the learned jurisdictional Magistrate in seisin of

AC 64 of 2025.

Having considered that the genesis of the dispute is a matrimonial dispute where the police authorities have very limited role to be involved and the report of the police authorities reflect that two cases have already been registered: one under Section 498A of the IPC registered in the year 2022 and the other under Section 85 of the BNS registered in the year 2025, as such, they cannot take the law in their own hands at the whims of any of the litigants.

However, there are statutory remedies available. The petitioner should approach the jurisdictional Magistrate by way of invoking the provisions of PWDV Act, 2005. Since remedies under the said Act are available to the petitioner, the police authorities would act pursuant to any direction of the learned jurisdictional Magistrate in seisin of AC 64 of 2025.

With the aforesaid observations, WPA 16601 of 2025 along CAN 1 of 2025 is disposed of.

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

Report so submitted be kept with the record. Copies of the report be handed over to both the parties.

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.)