Jahan Sk v. State Of West Bengal And ORS.

29.03.2023 Court No.13 Item No.20 pk WPA 19412 of 2022 Jahan Sk.

Vs.

The State of West Bengal and Ors.

Mr. Syed Shamsul Arefin Ms. Kaniz Kulsum ... For the petitioner.

Ms. Sipra Majumder, Ms. Sangeeta Roy ... For the State.

The writ petitioner complains that the private respondents, children of his late wife, Badinur Bibi have tortured him and thrown him out of his house. He is residing with his second wife at his father-in-law's place, at Saidapur Uttar Miyapara under Raguhnathganj Police Station.

The private respondents have demanded sums of money from the petitioner for sale proceeds of a portion of his land. The petitioner has refused to do so, as he required the money for his own upkeep and that of his second wife and children, therefrom.

The Raghunathganj Police Station has drawn up proceedings against the three persons, children of the first wife. On the complaint of the private respondents, prosecution under Sections 107 and 116 of the Cr. P. C. has also been submitted against the petitioner and his second wife and children.

Since the petitioner is admittedly the owner of a portion of the house at Chhotkalia, P.O.-Jangipur, Dist.-

Murshidabad, he shall be escorted back into his house along with his second wife and children.

The private respondents shall not harm the petitioner in any way. The parties shall live in peace. Raghunathganj Police Station shall ensure that there is no breach of peace in the residence of the petitioner and shall maintain vigil thereat.

The writ petition is disposed of.

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.)