W. P. No.25542 (W) of 2018
The State of West Bengal Ors.
Mr. Mukteswar Maity
Ms. Kiran Kumari Mahato
…..For the Petitioner
Mr. Lalit Mohan Mahata
Mr. Prasanta Behari Mahata
…..For the State
The petitioner complains of police inaction.
Learned advocate appearing for the petitioner submits that, the petitioner is a
widow. She has been driven out from her matrimonial house. The petitioner seeks
restoration of possession.
Learned advocate appearing for the State submits on the basis of the complaint
of the petitioner that, a First Information Report (F.I.R.) bearing Baguiati Police Station
Case No.551/11 dated September 24, 2011 was registered under Section 498A of the
Indian Penal Code. A charge sheet was submitted on October 31, 2011 under Section
498A of the Indian Penal Code. Pursuant to the order passed by the learned Judicial
Magistrate, 2nd Court, Barasat, North 24 Parganas, the police complied with the order
of breaking open of the padlock. The petitioner was put into possession. Thereafter,
the petitioner left the matrimonial house. Thereafter, again by the order dated
February 14, 2013 the Judicial Magistrate directed the Protection Officer, North 24
Parganas to be present with the petitioner while she was escorted to her shared
household. Such order was complied with.
In such circumstances, the police have complied with the orders of the
Magistrate and discharged their statutory functions, no further interference is called
W. P. No.25542 (W) of 2018 is disposed of.
No 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.)