Saraswati Mallick vs The State Of West Bengal & Ors on 20 July, 2017

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20.07.2017
s.das
717
W.P. 18193 (W) of 2017

Saraswati Mallick
Vs.
The State of West Bengal Ors.

Mr. Soumitra Dasgupta,
Md. Hafiz Ali
….. for the petitioner

Mr. Ashim Kumar Ganguly,
Mr. Bellal Shaikh
…. for the State

Mr. Koustav Bagchi
….. for the respondents no. 5,6 7

Let affidavit-of-service filed in Court by the learned Counsel

appearing for the petitioner be kept with record.

Learned Counsel appearing for the petitioner submits that

peaceful possession and enjoyment of the petitioner in question along

with her elder son and younger son is being jeopardised by the private

respondents no. 4 to 7 who are also the sons and daughters-in-law of

the petitioner.

Learned Counsel appearing for the private respondents no. 5 to 7

submits that there is a family dispute between the parties and a criminal

case under the provisions of the POCSO Act was registered against

Chandra Sekhar Mallick and Sanjib Mallick whose interest the
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petitioner is seeking to protect as would be evident from the prayers in

the writ petition.

Report filed by the leaned Counsel appearing for the State be kept

with record. Copy of the report be handed over the learned Counsel

appearing for the respective parties in the course of the day.

It appears from the report that on the complaint of the petitioner

as well as her younger son Sanjib Mallick, criminal cases being Dum

Dum Police Station Case No. 292 of 2016 dated 07.04.2016 under

Sections 447/448/341/201/379/406/469/323/324 /506/ 380/427 of

the Indian Penal Code and Dum Dum Police Station Case No. 77 of 2017

dated 26.01.2017 under Sections 323/326 /307/448 /379

/447/449/450/460/506/34 of the Indian Penal Code were registered

while on the complaint of the respondent no. 6 two specific cases vide

Dum Dum Police Station Case No. 102 of 2017 dated 04.02.2017 under

Sections 341/324/354/34 of the Indian Penal Code and 7/8 POCSO

Act-2012 and Dum Dum Police Station Case No. 563 of 2017 dated

10.06.2017 under Sections 498A/406/323/34 of the Indian Penal Code

were registered against the petitioner and her other sons viz. Chandra

Sekhar Mallick and Sanjib Mallick. All the cases appear to have ended

in police reports before the criminal court.

In view of the aforesaid facts, it appears that there is a long

standing family dispute between the sons of the petitioner and criminal
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cases have been registered over the said dispute which are pending

before the criminal court.

The criminal court is directed to proceed with the aforesaid

criminal proceedings with utmost expedition and to conclude them at

an early date. Petitioner being the victim of crime in Dum Dum Police

Station Case No. 292 of 2016 is entitled to participate in the said

criminal proceeding and seek necessary redress with regard to the

protection of her life, if necessary, and in accordance with law.

With the aforesaid direction, the writ petition is disposed of.

Since no affidavit-in-opposition has been called for the allegations

made in the writ application are 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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