Moumita Maityy Gupta v. State Of West Bengal And ORS.

D/L 28 10.04.2025 Bpg.

ct.no.35 W.P.A.28416 of 2024 Moumita Maity Gupta

Versus

The State of West Bengal & Ors.

Mr. Bhagbat Chowdhuri Mr. Sk. Nizamuddin Ms. Barnali Gupta.

...for the petitioner.

Mr. Akash Dutta.

...for the State-respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner claims that the child has been illegally detained and she has not been allowed to meet the child.

Records reflect that child is with the respondent no.5 who is the father of the child. Since the child is with the legal guardian, the police authorities will not be able to interfere without an order from an appropriate court of law. Petitioner would be better advised to approach the civil court under the relevant provisions of law. If the civil court passes a direction, the police authorities would then ensure that the same is complied with in accordance with law.

With the aforesaid observations, WPA 28416 of 2024 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.

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

(Tirthankar Ghosh, J.)