Reba Kapat v. State Of West Bengal And ORS.

April 23, 2024 AD 5 Ct. No.14 SG WPA 26017 of 2023 Reba Kapat vs.

The State of West Bengal and others Mr. Sobhan Majumder Ms. Kalpita Paul ... for the petitioner Mr. Ansar Mondal Mr. Asish Dutta ... for the State Mr. Salil Kumar Maiti Ms. Dolon Samanta ... for the respondent Nos.5 - 10 Report filed by the State is taken on record. Learned counsel appearing for the petitioner submits as follows. The petitioner is the aged and ailing mother of the respondent No.5 while the respondent No.6 is the daughter-in-law and the other private respondents are the accomplices of the respondent No.5. The private respondents have been disturbing the possession and enjoyment of the joint property in which the petitioner is a co-sharer. They would often abuse and intimidate the petitioner and even assault her. On one occasion, the respondent Nos.5 and 6 i.e., the son and the daughter-inlaw brutally assaulted the petitioner, even kicking the petitioner at her abdomen. Reliance is placed on the injury reports annexed at page 45 onwards in the writ petition. Finally, the petitioner has been ousted from her own property by the private respondents.

Learned counsel appearing for the private respondents denies the allegations and submits as follows. No such incident as alleged has happened. On the contrary, the petitioner has been creating all the troubles. The respondent No.5 is also a co-sharer in the property.

Learned counsel appearing for the State relies on the report and submits as follows. On the allegations made by the petitioner, FIRs have been registered and chargesheets have submitted. The police authorities are ready to help the petitioner in the event she wants to stay at her house.

This is an unfortunate case where the petitioner has to allege that her son and daughter-in-law severely assaulted her and threw her out of her own residence. However, it appears that the police have taken action and registered FIRs on the petitioner's complaint. Charge-sheets have also been submitted.

Let the petitioner intimate the intended date and time of return to her residence to the Officer-in-Charge of Bhabanipur Police Station with a twenty-four hours' prior notice.

The Officer-in-Charge shall then make arrangements for police escort to accompany the petitioner to her residence. The entry to the residence shall be videographed.

Even thereafter, the police shall maintain a sharp vigil at the locale and ensure that no breach of peace takes place.

In the event any untoward incident occurs or is apprehended by the petitioner, the petitioner shall be at liberty to call up the Officer-in-Charge of Bhabanipur Police Station, Purba Medinipur who shall then act in accordance with law.

With these observations, the writ petition is disposed of.

As affidavits were not called for, the allegations made are deemed not to have been admitted.

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

[ Jay Sengupta, J. ]