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Sathi Mahanta (Bose) vs The State Of West Bengal & Ors on 24 October, 2019


Vacation Bench
Ct. No. 37

WP 20160 (W) of 2019

Sathi Mahanta (Bose)
The State of West Bengal Ors.

Mr. Ramkrishna Bhattacharya,
Mr. Koushik Choudhury,
Mr. Sabyasachi Hazra
… For the Petitioner.

Mr. Amal Sen, Ld. A.G.P.,
Mr. Hare Krishna Halder,
… For the State.

The service upon the respondent no. 9 is not complete.

The petitioner being the mother of a three and half year old female

child alleges that the respondent no. 9 being the father of the said

child has forcefully taken her away from her custody on 7th November,


The petitioner claims to have lodged complaint before the Officer-in-

Charge, Balurghat Police Station and also before the Superintendent

of Police, Dakshin Dinajpur on 8th October, 2019 and on 14th October,

2019 respectively.

In the instant writ petition the petitioner prays for a direction upon

the Police to enquire and investigate the matter on the basis of the

complaint lodged by her.

The Learned Advocate representing the State respondents submits

that no specific complaint was received by the Officer-in-Charge of

either the Srerampore Police Station or the Jagacha Police Station,

where the private respondent is residing and accordingly no

instruction has been received from the said Police Stations. The

Inspector-in-Charge of the Balurghat Police Station has given

instruction to the Learned Advocate that no search warrant has been

issued from any Court of law and accordingly no search could be made

in terms of the complaint lodged by the petitioner.

Admittedly application under the Guardian and SectionWards Act made by

the father of the minor female child is pending before the Court.

Application under the SectionHindu Marriage Act is also pending before the

Learned Court.

Be that as it may, since the matter relates to the custody and welfare

of a three and half year old female child, the Officer-in-Charge of the

Jagacha Police Station and the Officer-in-Charge of the Srerampore

Police Station are directed to investigate the matter at the address of

the respondent no. 9 mentioned in the cause title of the writ petition

and file a report before this Court on 1st November, 2019.

Let the matter be listed on 1st November, 2019.

The petitioner is directed to ensure fresh service upon the respondent

no. 9 and file affidavit of service on the next date of hearing.

(Amrita Sinha, J.)

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