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Calcutta High CourtWPA/2150/2025dismissed

Bani Barman v. The State Of West Bengal And ORS

2025-11-07Hon'Ble Justice Hiranmay Bhattacharyya3 pages

D/L - 3 07/11/2025 Court. No. 2 Aritra In the High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side WPA 2150 of 2025 Bani Barman Vs.

The State of West Bengal & Ors.

Mr. Debjit Kundu ....for the petitioner Ms. Bedashruti Bose Mr. Sandip Guha Roy ....for the State The petitioner alleges that the married daughter of the petitioner was missing on and from May 8, 2025 and a missing diary was lodged on May 9, 2025 by her son-in-law before the Kotwali Police Station, Jalpaiguri.

The petitioner suspected that some persons forcibly restrained the daughter of the petitioner and filed this writ petition alleging that the police authorities have not taken any effective steps to register a specific case against the accused persons and also did not take any steps to recover the daughter of the petitioner. When this matter was taken up on November 6, 2025, the learned advocate appearing for the State prayed for an accommodation to take complete instructions with regard to the allegations made in the writ petition.

The learned advocate appearing for the State files a report of the Inspector-in-Charge, Kotwali Police Station, Jalpaiguri dated November 2, 2025.

It appears from the said report that on the basis of the written information received from the petitioner, the information was registered vide Kotwali P.S. G.D. Entry No.821 dated May 9, 2025 and a Missing Person Case No.173/25 dated May 9, 2025 was started and the case was endorsed to A.S.I. for investigation. The report states in detail the steps taken pursuant to the complaint. The said report further states that the concerned Officer made communications through the mobile phone number of the daughter of the petitioner and the daughter of the petitioner responded to the communication and she stated that she had left her house on her free will and has also disclosed to such Officer the place where she is now residing.

Mr. Kundu, learned advocate appearing for the petitioner submits that the daughter of the petitioner was forced by the police authorities to make a declaration before the police authorities. This Court is not inclined to accept such submission of Mr. Kundu as the report states that the married daughter of the petitioner had sent a video and stating that she is safe and sound and the copy of such video has been enclosed along with the bunch of documents filed with the report. The report specifically states about the qualification of the married daughter of the petitioner and what she is doing at present and where she is presently residing. The declaration given by the married daughter of the petitioner has also been produced along with the documents annexed to the said report. The said declaration has been registered as G.D. Entry No.2212 dated October 28, 2025. In the said declaration serious allegations has been levelled by the daughter against her mother/petitioner as well as against her husband. The said declaration also states that she is residing independently.

The Assistant Court Officer is directed to put the report as well as documents annexed thereto in an envelop which should be sealed and retained along with the records of this case. The report concluded by stating that the enquiry conducted had revealed that the missing lady left her home to pursue her career and she neither went missing nor was held captive by anyone, rather leaving home due to continuous torture by her husband and especially her own mother.

After going through the said report and the documents annexed thereto, this Court finds that the police authorities have taken prompt and effective steps on the basis of the complaint lodged by the petitioner. The allegation of police inaction is without any basis.

The writ petition is devoid of any merit. Accordingly, the same stands dismissed.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)