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2025 DAILYLAW 29061 (CAL)

KHADEJAN BIBI v. THE STATE OF WEST BENGAL AND ORS.

WPA/15366/2024 · 2025-02-06

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sl.No. 7 Court No. 35 G.S.Das 06.02.2025 WPA 15366 of 2024 Khadejan Bibi -Vs- The State of West Bengal & Ors. Mr. Debashis Banerjee Mr. Rakesh Jana … for the petitioner(s) Mr. Sumon Ghosh Mr. D.B. Mallik … for the State-respondent(s) Affidavit-of-service so filed be kept with the record. The petitioner being the mother is aggrieved by the assault inflicted by the respondent nos. 5 and 6 along with certain other relations. It has been complained that she was hit with a hammer on her leg and on several occasions she was assaulted. On the basis of her complaint two cases being Chandaneswar P.S. Case No. 51 of 2024 and Chandaneswar P.S. Case No. 76 of 2024 were registered for investigation. The police authorities on conclusion of investigation have already submitted charge-sheet on 21st December, 2024 and 4th February, 2025. Learned advocate for the petitioner submits that in spite of the said two cases, the present petitioner being a septuagenarian lady is unable to stay at her house because of insecurity which she is feeling because of the aggression shown by the private respondents. State has submitted a report which reflects that in respect of the aforesaid two cases being registered, investigation has been concluded and charge-sheet submitted before the jurisdictional court. The daughter-in-law, namely, Nazira Bibi and the son, namely, Ali Hossain Sardar instituted two cases being Chandaneswar P.S. Case No. 66 dated 31.03.2024 and Chandaneswar P.S. Case No. 67 dated 01.04.2024 the investigation in respect of which are in progress, as also a proceeding under Section 107 of the Cr.P.C. has also been drawn up against the private respondents. Having considered that the petitioner being a septuagenarian lady is unable to stay at her own residence, I direct that, in case, the petitioner approaches the Chandaneswar Police Station, the Officer-in-charge would make suitable arrangements for escorting her to her own residence. A lady police officer would be deployed, who would on every alternate day, visit her residence and assess the situation as to whether the feeling of insecurity continues and/or the petitioner has instilled confidence for staying at her residence. If any untoward incident results and/or information furnished with the concerned police station, the Officer-in-charge would immediately take steps in accordance with law. The arrangement of the lady police officer visiting the house of the petitioner would continue for a period of four weeks. The petitioner, if she is so advised, would approach the appropriate authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Any order passed by the said authority would be respected, obeyed and implemented by the concerned police station. With the aforesaid observations, WPA 15366 of 2024 is disposed of. Pending application(s), if any, is also disposed of. Report submitted by the State be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. (Tirthankar Ghosh, J.)