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Calcutta High CourtWPA/20784/2021disposed

Tripti Neogi v. The State Of West Bengal And ORS.

2022-06-23Hon'Ble Justice Shampa Sarkar2 pages

S/L 119 23.06.2022 Court. No. 19 GB WPA 20784 of 2021 Tripti Neogi VS The State of West Bengal & Ors.

Ms. Gopa Biswas.

... for the Petitioner.

Mr. Subhabrata Datta, Mr. Abdus Salam.

... for the State.

Mr. S. Bandopadhyay, Affidavit-of-service filed in Court today, be kept with the record.

Despite service, none appears on behalf of the respondent nos.6 and 7.

The police authorities have already initiated an investigation by registering Madhyamgram P.S. Case No.65 of 2022 dated February 1, 2022 under Section 24 of the Maintenance and Welfare of Parents and Senior Citizen Act 2007, against the respondent nos.6 and 7. The investigation is going on.

The police authorities are directed to complete the investigation within a period of two months from date of communication of this order.

The next allegation of physical torture has not been taken into consideration by the police authorities. This Court is of the view that the investigation is at a very primary stage and the police authorities have not yet concluded the investigation. If, during investigation the police authorities are of the view that further sections are to be incorporated,

the police authorities can always take such steps, in accordance with law.

It further appears from the records that the petitioner has already moved the learned Judicial Magistrate, 2nd Court at Barasat under Section 23 of the Protection of Woman from Domestic Violence Act, 2005, and the said application was allowed. The petitioner was granted an order under Section 19 of the said Act, restraining dispossession or eviction from the household property consisting of one bedroom, verandah, one kitchen, bathroom and latrine, measuring about 221 sq. ft.

Thus, this Court is of the view that nothing further remains to be decided in the writ petition. The grievance of the petitioner has already been met, insofar as the writ petition is concerned.

Accordingly, the writ petition is dispose of. However, there will be no order as to costs.

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

(Shampa Sarkar, J.)