Abhimanyu Naskar v. State Of West Bengal And ORS.

01-09-2021 ct no. 13 Sl.2 sp W.P.A. 9563 of 2020 Abhimunyu Naskar -VersusThe State of West Bengal & Ors.

(Via Video Conference) Mr. Amitabha Ghosh, Sk. Sujauddin ...for the petitioner Mr. Sirsanya Bandopadhyay, Mr. Arka Kr. Nag ...for the State Affidavit of service filed in Court today is taken on record.

The private respondent no.6, Sri Ranjan Naskar is represented today through advocate. The petitioner complains that the private respondent no.6, Sri Ranjan Naskar, has obtained his signature by duress and by unlawful means on a gift deed dated November 2, 2020. An FIR to that effect has been registered by the Uttarpara Police Station being No. 53 of 2021 dated February 11, 2021.

The petitioner also submits that he is not comfortable with his son residing with him. The petitioner wants to live in his own house in peace along with his wife.

In that view of the matter, the I/C, Uttarpara Police Station shall escort the son and daughter and their family members along with their belongings out of the said residence being

No. 2, Makhla Rice Mill, P.O.-Raghunathpore, P.S.- Uttarpara, Dist.- Hooghly, immediately upon receipt of a copy of this order. The said purported gift deed dated November 2, 2020 shall not be given effect to.

The petitioner shall make a formal complaint to the S.D.O., Seerampore Sub Division, Hooghly under the provisions of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, for cancellation of the aforesaid deed. Upon receipt of such complaint, the S.D.O., Seerampore Sub Division, Hooghly shall, after complying with the relevant procedure and pass appropriate orders within a period of two months from the date of such complaint.

The I/C, Uttarpara Police Station shall complete investigation into the aforesaid FIR No. 53 of 2021 as expeditiously as possible preferably within a period of two months from date and submit a final report before the Jurisdictional Magistrate.

With the aforesaid observations, the writ petition is disposed of.

There shall 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.)