Calcutta High CourtWPA/28796/2022disposed

Harekrishna Pramanik And ANR v. State Of West Bengal And ORS.

2023-02-01Hon'Ble Justice Rajasekhar Mantha2 pages

01.02.2023 Court No.13 Item No.38 pk WPA 28796 of 2022 Sri Harekrishna Pramanik and another Vs.

State of West Bengal & Ors.

Mr. S. Banerjee, Mr. Dyutimoy Paul, Mr. Akash Dutta ...for the petitioners.

Mr. Soumen Kumar Dutta, Mr. S. Bhattacharjee ... for the respondent nos. 5 and 6.

The writ petitioners complain that since after gift of a property in favour of the private respondent/younger son, he had to leave his residence, unable to bear the torture.

The private respondents are represented in Court today. The allegations made by the petitioners against them, are denied.

The O. C., Contai Police Station has submitted a report which is kept with the record. The allegation of the writ petitioners against the private respondents. Complaints by the petitioners and private respondents have been taken into cognizance in FIR Nos. 115 of 2022 dated 24.08.2022; no. 403 of 2022 dated 11.10.2022. investigation has been completed. One has resulted in a chargesheet another in an NCR. An FIR against the petitioners to be registered, inter alia, under Section 498A of the IPC. Admittedly the property-inquestion was gifted to the private respondents. The petitioners may apply under the provisions of

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 for remedy against the gift deed.

The O. C., Contai Police Station shall escort the petitioners back to their residence.

The private respondents undertake before this Court not to harass or disturb the petitioners in any way. In the event of any further complaint from the petitioners against the private respondents, due enquiry shall be made and coercive steps shall be taken against the private respondents.

The Contai Police shall maintain regular vigil thereat on the conduct of the private respondents vis a vis the petitioners.

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.)