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Calcutta High CourtWPA/26808/2022disposed

Ashis Kumar Das v. State Of West Bengal And ORS.

2023-01-25Hon'Ble Justice Rajasekhar Mantha2 pages

25.01.2023 Court No.13 Item No.22 pk WPA 26808 of 2022 Ashis Kumar Das Vs.

State of West Bengal & Ors.

Mr. Rajib Kumar Basu ...for the petitioner.

Mr. Gobinda Chandra Baidya ... for the respondent nos. 4 to 10.

Despite notice, State is not represented.

The writ petitioner complains that the private respondent no.

4/daughter-in-law is threatening, torturing and intimidating him.

The I. C., Kotwali Police Station has filed instructions dated 25.01.2023, addressed to State advocate. It appears therefrom that the petitioner has been residing in Bangalore since May, 2021. The foundation of the petitioner's allegation is baseless since he is not residing at his own house located in Paschim Medinipur, at the relevant point of time.

Admittedly, there are marital disputes pending in the court of the Judicial Magistrate and the Additional District Judge, Special Court at Paschim Medinipur between the petitioner's son and the private respondent no.4. A portion of the house of the petitioner at Paschim Medinipur is occupied by a tenant. Since the petitioner expresses serious apprehension of assault and interference by the private respondents, Kotwali Police Station shall ensure that if the petitioner wants to live in

his house at Paschim Medinipur, he may do so without in any way being obstructed or intimidated by the private respondents.

Counsel for the private respondents submits that his client has been living with her parents since March, 2021. The private respondent denies any of the allegations against her by the petitioner.

The proceedings, now pending before the District Court at Paschim Medinipur, may go on in accordance with law.

The I. C., Kotwali Police Station shall ensure that there is no breach of peace in the area.

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.)