W.P.13502 (W) of 2017
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
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
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
With the aforesaid directions, the writ petition is disposed of.
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
( Joymalya Bagchi, J.)