Aditi Ghosh v. State Of West Bengal And ORS.

06.01.2021.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 11581 of 2020 (Through Video Conference) Aditi Ghosh -vs.- The State of West Bengal & Ors.

Mr. Tirthankar Dhali, Mr. Tirthankar Mukherjee, Ms. Madhurima Sarkar, Mr. Anjan Dutta ...for the petitioner Mr. Pantu Deb Roy ...for the State-respondents The petitioner submits that the petitioner is a senior citizen and is being harassed by the private respondents, who are obstructing the petitioner's ingress and egress to the property-in-question, of which the petitioner is the owner. Learned counsel for the petitioner submits that, despite the police having been approached on such score, appropriate action is not being taken by the police in that regard.

Learned counsel appearing for the respondentauthorities files a report, in the form of instruction, which indicates that not only investigation was undertaken in the matter, but a charge sheet has ready been filed in connection therewith. Moreover, the petitioner has moved the appropriate forum under the

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 with similar grievances.

In view of the petitioner having already invoked an alternative remedy, which is equally efficacious, and since the police authorities have, on the face of the records, sufficiently done their duty up to this point of time, there is no scope for interference by the writ court.

Accordingly, W.P.A. No. 11581 of 2020 is dismissed without, however, any order as to costs. It is made clear that this order shall not prejudice the contentions of the parties in the pending proceeding under the Act and/or in the criminal investigation.

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

(Sabyasachi Bhattacharyya, J.)