Hasina Bibi v. The State Of West Bengal And ORS.

W.P.A. 25863 of 2024 Hasina Bibi VS The State of West Bengal & Ors.

Mr. Maidul Islam Kayal, Mr. Noorul Amin Sardar.

... for the Petitioner.

Mr. Jahar Lal De, AGP, Mr. Shamim Ul Bari.

...for the State.

Affidavit-of-service filed by the petitioner be kept 08.07.2025 Court No. 35 Item No.263 Rakib with the record.

Learned advocate appearing for the petitioner claims that the petitioner and her husband were assaulted and her husband was also foisted with several false criminal cases. To that effect representation was submitted with the police authorities, however, police authorities failed to take any action. Consequently, the petitioner and her husband have been unable to return to their residence.

Learned advocate for the State has submitted a report and also contends that there is a family feud existing. The report so submitted reflects that Kalitala Ashuti P.S. Case No. 229/22 was registered on the basis of the information furnished by the present petitioner. There are counter case also which has been referred to in the report which was initiated at the behest of the private respondents. Police authorities have also drawn up proceedings under Section 126 of the BNSS. But the Police report also reflect that after the incident referred to

on 26.12.2024 the petitioner along with her family members had left the house.

Having considered that there are cases and counter cases between the petitioner and the private respondents and as Kalitala Ashuti P.S. Case no. 229/22 dated 26.12.2022 is pending before the Jurisdictional Court, petitioner will apply before the Jurisdictional Court if she and her family members are unable to return to their residence. The Jurisdictional Court will call for a Threat Perception Report, assess the ground reality and if the Jurisdictional Court is subjectively satisfied relating to the petitioner returning to the village, in that case the Court would pass orders in accordance with law. With the aforesaid observations WPA 25863 of 2024 is disposed of.

Report submitted by the State be kept with the record.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)