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Judgments of Supreme Court of India and High Courts

Hasina Rahaman vs The State Of West Bengal & Ors on 17 September, 2019

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Sl. No.78.
17‐09‐2019
S.D.
W.P. 17498 (W) of 2019

Hasina Rahaman
Vs.
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

caregiver appointed.

State and the private respondents are represented.
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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

costs.

Urgent certified website copies of this order, if applied for, be

made available to the parties upon compliance of the requisite

formalities.

(Debangsu Basak, J.)
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