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Calcutta High CourtWPA/117/2019disposed

Sitadebi Shrivastava @ Sitadevi Shah v. State Of West Bengal And ORS

2019-06-19Hon'Ble Justice Hiranmay Bhattacharyya2 pages

19-06.2019 Court No.3 Sh/02.

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI WRIT APPELLATE JURISDICTION APPELLATE SIDE W.P.A. 117 of 2019 Sitadebi Shrivastava @ Sitadevi Shah. . . Petitioner. Vs.

The State of West Bengal & Ors. .Respondents. Mr. Hillor Saha.

. . .For the petitioner.

Mr. Bikramaditya Ghosh, Mr. Momenur Rahaman.

. . .For the State respondents.

Affidavit of service filed in Court today is kept on record.

In spite of service no one appears on behalf of the respondent nos.5 and 6. The State, however, is represented.

The petitioner is the mother of the respondent no.5 and the mother-in-law of the respondent no.6. She alleges that her son and daughter-in-law inflicted physical and mental torture upon her and has driven her out from her residential home.

She made representation before the Inspector-in-charge, Kotwali Police Station on 27th March, 2019, ventilating her grievances before the said police authority. It is the allegation of the petitioner that in spite of the fact that the said complaint was lodged before the Inspector-incharge way back in March 27, 2019, the said police authority is sitting tight over the matter and has not taken any step in this regard.

Since there is an alternative efficacious remedy provided in the Criminal Procedure Code, the instant writ petition is not entertained by this Court. However, it is expected that the police authority shall perform their statutory duty in accordance with law.

The instant writ petition is disposed of with the observation made above.

Urgent Photostat Certified copy of this order, if applied for, be supplied to the learned advocates appearing for the parties expeditiously on compliance with all requisite formalities.

(HIRANMAY BHATTACHARYYA, J.)