Rabi Ghanti v. State Of West Bengal And ORS.

31.08.2022 Court No.32 rpan/12 WPA (H) 50 of 2022 Rabi Ghanti - Versus - The State of West Bengal & Others Mr. Uttam Banerjee, Mr. Subhojit Chatterjee, Mr. Nirmal Kanti Biswas ... for the Petitioner.

Mr. Debabrata Chatterjee, Mr. Simanta Kabir ... for the State.

Mr. Keshab Chandra Das ... for the Private Respondent nos.5 & 6.

Heard Mr. Banerjee, learned advocate appearing for the petitioner.

The present writ petition has been preferred alleging inter alia that the petitioner's daughter had been kidnapped and illegally detained by the private respondents. A complaint to that effect was lodged before the respondent no.4 but no steps had been taken. Records reveal that by an earlier order dated 10th August, 2022 a co-ordinate Bench of this Court directed the respondent no.4 to file a report before this Court in the form of an affidavit detailing the steps taken on the basis of the complaint lodged by the petitioner.

Mr. Kabir, learned advocate appears on behalf of the State respondents and files the report, as called for by the earlier order dated 10th August, 2022. Let the same be kept on record. A copy of the same has been handed over

to Mr. Banerjee, learned advocate appearing for the petitioner.

In the report, it has inter alia been stated that the petitioner's daughter, namely, Anamika Ghanti is a student of Bachelor of Arts, 2nd Year. She had love affairs with one Sk. Mehabub Ali and she married Sk. Mehabub Ali on 6th April, 2022. The said marriage has also been registered. The petitioner willingly married Sk. Mehabub Ali and made a specific statement to that effect before the respondent no.4. In support of such facts, the certificate of marriage and the statement of Anamika Ghanti have been annexed to the report.

Mr. Das, learned advocate enters appearance on behalf of the private respondent nos.5 and 6 and denies the allegations levelled against the said respondents. He submits that the petitioner's daughter is an adult lady and she had willingly married Sk. Mehabub Ali @ Md. Sagir Ali (respondent no.5) but the name Sk. Mehabub Ali had not been incorporated in the cause title of the writ petition. Sk. Mehabub Ali and Md. Sagir Ali is the same and identical person.

Heard the learned advocates appearing for the respective parties.

There is no material on record to infer that the petitioner's daughter has been illegally detained. She is an adult lady and she had married one Sk. Mehabub Ali @

Md. Sagir Ali willingly and is also presently residing at her matrimonial house.

In view thereof, no interference is called for in the present habeas corpus petition, being WPA (H) 50 of 2022 and the same is, accordingly, disposed of.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)