← Library
Calcutta High CourtWPA/22276/2023disposed

Momena Begam v. State Of West Bengal And ORS.

2023-10-19Hon'Ble Justice Jay Sengupta3 pages

19.10.2023 WPA 22276 of 2023 Momena Begam -vsState of West Bengal & ors..

Mr. Kamalesh Chandra Saha Ms. Payel Mitra ...for the petitioner Mr. Jayanta Samanta ...for the State Affidavit of service filed on behalf of the petitioner is ssi Ct 14 taken on record.

Despite service, no one appears on behalf of the private respondents.

Report filed on behalf of the State is also taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The respondent no.7 is the former daughter in law of the petitioner and the other private respondents are her relatives. The petitioner is also the owner of the property in question. About five years ago, the son of the petitioner had given talaq to the respondent no.7. In spite of this, the respondent and her family members and associates had been disturbing the petitioner and her family members. In August 2023, the private respondents came and attacked the house of the petitioner and her family members. They damaged household articles, assaulted the

petitioner and her husband. The respondent nos. 4 and 5 tried to outrage modesty of the family members.

Subsequently, two FIRs have been lodged. However, the private respondents have ousted the petitioner from her own residence.

Learned counsel appearing on behalf of the State relies on the report and submits as follows. On complaints from the petitioner's side, two specific FIRs being Haroa PS Case No. 325 of 2023 dated 01.09.2023 and 326 dated 03.09.2023. The cases are being investigated. The police are keeping a close watch on the developments in the locality. It appears that the police have already acted on the complaints of the petitioner's relatives in registering two FIRs one being Haroa PS Case No. 325 of 2023 dated 01.09.2023 and and the other being Haroa PS Case No. 326 dated 03.09.2023.

The petitioner is the owner of the property in question. In the event the petitioner wants to return back home, she shall intimate the Officer in Charge of Haroa Police Station with a 24 hours' notice about intended the date and time of return .

The officer shall make necessary arrangements to have the petitioner and her husband escorted to her own residence. The entry of the petitioner and her husband to the residence shall be videographed. Even otherwise, the police authorities shall keep a sharp vigil at the locale, ensure that no breach of peace takes place.

With these observations, the writ petition is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)