W.P. 18193 (W) of 2017
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
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
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
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
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
(Joymalya Bagchi, J.)