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Calcutta High CourtWPA/17188/2025disposed

Sankar Bhuiya And ANR. v. The State Of West Bengal And ORS.

2025-08-07Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 13 07.08.2025 ct.no.35 Kausik W.P.A. 17188 of 2025 Sankar Bhuiya & Anr.

Versus

The State of West Bengal & Ors.

Ms. Mousumi Choudhury ...for the Petitioners.

Mr. Suman Sengupta, Sr. Govt. Adv.

Mr. Pradyut Kr. Das Mr. Tapas Chatterjee ...for the State.

Petitioner is aggrieved by the inaction of the police authorities as in spite of informing the Inspector-in-Charge, Narendrapur Police Station no steps were taken. According to the petitioner, petitioner and his wife had been subjected to physical assault by the private respondent nos. 4 and 5. To that effect, as and when the petitioner and his wife complained, no steps were taken by the concerned police authorities and the situation was blown out of proportion to such an extent that both of them had to leave the residence.

Be that as it may, so far as the grievance of the petitioner regarding inaction of the police authorities are concerned, I find that on the basis of a complaint of one Kabita Bhuiya, Narendrapur PS

Case No. 519/2025 dated 02.05.2025 was registered for investigation and on conclusion of investigation, charge sheet has been submitted against Soumen Bhuiya and Reshmi Bhuiya.

The report also reflects that on 18.05.2025 the information sent by the petitioner no. 1 was assessed after General Diary Entry No. 2663 was registered and Police Officers were sent to address the issues. However, no cognizable offence was found, as such the police personnel had authority to only have a limited interference.

From the report it reflects that another case being Narendrapur PS Case No. 345/2025 was registered for investigation on the basis of complaint of the respondent no. 5 and the police authorities on completion of investigation has submitted charge sheet.

Having regard to the fact that the nature of dispute is of family feud and the police authorities have hardly any role to play without any specific order from a Court of law, I am of the view that if the petitioners are aggrieved that they are unable to stay at the residence, they would take out an appropriate application before the Sub-Divisional Officer responsible for taking up issues under the Maintenance and Welfare of Parents and Senior

Citizens Act, 2007. If any direction is passed by the Sub-Divisional Officer, the police authorities would respect, obey and implement the said order.

With the aforesaid observations WPA 17188 of 2025 is disposed of.

Report submitted be kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner.

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

(Tirthankar Ghosh, J.)