Farida Bibi vs The State Of West Bengal & Ors on 17 May, 2017

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17.05.2017
624.
as

W.P.13502 (W) of 2017

Farida Bibi
Versus
The State of West Bengal Ors.

Mr. Prabir Majumder,
Mr. Snehansu Majumder.
…for the Petitioner.

Mr. Subhabrata Datta,
Mr. Benazir Ahmed.
…for the State.

Mr. Susil Kumar Mahata,
Mr. Himadri Kumar Mahato,
Ms. Maitreyee Mahato.
…for the Respondent Nos.5 6.

It is submitted on behalf of the petitioner that she being the elderly mother

of respondent nos.5 and 6 has been subjected to physical assault and driven out

of her own residence by the said private respndents. Representations have been

made to the police authorities, but no steps have been taken in the matter.

Mr. Datta, learned Advocate appearing for the State respondents submits

report wherefrom it appears that on the complaint of the wife of the respondent

no.5, criminal case being Bishnupur Police Station Case No.301 of 2017 dated

3.3.2017 under Section 498A/307 of the Indian Penal Code was registered

against the petitioner and charge sheet has been filed therein. On the complaint

of the petitioner, Bishnupur Police Station Case No.317 of 2017 dated 8.3.2017

under Sections 448/323/354B/325/379/427/506/509/34/ of the Indian Penal

Code has been registered and charge sheet has been filed before the Criminal
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Court. Proceeding under Section 107/116( C ) of the Code of Criminal Procedure

being Bishnupur Police Station P. R. No.29of 2017 dated 4.3.2017 has been

started against the private respondents. The said report be kept with the record.

Copy of the report be handed over to the learned Advocates appearing for the

respective parties.

Learned Advocate appearing for the private respondents denies and

disputes the allegations levelled against them and submits that the petitioner

had subjected the wife of the respondent no.5 to mental and physical cruelty.

In view of the aforesaid facts, I find that there is a family dispute between

the petitioner and the private respondents herein and criminal cases have been

registered at the behest of both the parties. Criminal cases so registered by and

between the parties shall be prosecuted with utmost expedition and be

concluded at an early date.

Petitioner shall be at liberty to participate in the said criminal proceeding

and ventilate her grievance therein in accordance with law. It shall also be open

to the petitioner to approach the appropriate authority under the Maintenance of

Welfare of Parents and Senior Citizens Act, 2007 for necessary redress if the

private respondent Nos.5 and 6 indulge in acts of violence against her in

accordance with law.

Needless to mention that lawful orders passed by the said judicial

authorities shall be implemented by the police authorities in accordance with

law.

With the aforesaid directions, the writ petition is disposed of.
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Since no affidavit-in-opposition has been called for, the allegations made in

the writ application deemed not to have been admitted by the respondents.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, shall be given to

the parties, as expeditiously as possible on compliance of all necessary

formalities.

( Joymalya Bagchi, J.)

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