W.P. 17498 (W) of 2019
The State of West Bengal Ors.
Mr. Ashis Sanyal
Mr. Tushar Kanti Har
Mr. Somnath Chakraborty
..For the Petitioner.
Mr. Lalit Mohan Mahato
Mr. Jhuma Chakraborty
….For the State.
Ms. Pampa Dey
…For the Respondent No. 5.
The petitioner complains that, the private respondent is
preventing the petitioner from hiring a caregiver and is not allowing
the caregiver to have access to the petitioner.
Learned Advocate appearing on behalf of the petitioner
submits that, the petitioner is of advanced age and requires the
constant attention of a caregiver for a substantial period of time of the
day to provide for her well being. The private respondent is
preventing appointment of caregiver and is not giving access to the
State and the private respondents are represented.
Learned Advocate appearing on behalf of the private
respondents submits that, there is a complaint inter alia under Section
498A of the Indian Penal Code against the petitioner. In any event,
the private respondent has no objection in the event the petitioner
engages a caregiver.
In such circumstances, police will ensure that, no breach of
peace occurs at the locale. The petitioner is at liberty to engage a
caregiver of her choice. The police will ensure that, there is no
obstruction to the ingress and egress of the petitioner and the
caregiver at her residence. The police will proceed with their
investigations in every criminal complaints involving the private
parties, in accordance with law.
W.P. 17498 (W) of 2019 is disposed of without any order as to
Urgent certified website copies of this order, if applied for, be
made available to the parties upon compliance of the requisite
(Debangsu Basak, J.)