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2026 DAILYLAW 28287 (CAL)

SRI ANIRBAN MUKHERJEE v. STATE OF WEST BENGAL AND ORS.

WPA(H)/50/2026 · 2026-07-15

Debangsu Basak, Md Shabbar Rashidi

body2026

Judgment text

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C o u r t N . 2 2 S l 1 5 1 / C L DL-5 15.07.2026 Court No.37 [Bench ID-266046] (AD) (Disposed of) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA (H) 50 of 2026 Sri Anirban Mukherjee Vs. The State of West Bengal & Ors. Mr. Arkadyuti Pahari, Advocate Ms. Gargi Maity, Advocate Mr. Alik Mandi, Advocate … for the petitioner Mr. Rajdeep Mazumder, Ld. AAG Ms. Jayita Dhar Chakraborty, Advocate Mr. Rhitam Chatterjee, Advocate … for the State Mr. Subir Banerjee, Advocate Ms. Sudeshna Maji, Advocate Mr. Soumya Kanjilal, Advocate … for the respondent nos.4 & 5 1. Petitioner is the father of a child. 2. Learned Advocate appearing for the petitioner submits that, in a criminal complaint lodged against the petitioner and his family members, they obtained either bail or anticipatory bail. He submits that, due to such criminal complaint, the custody of the child of the petitioner was given to the grandparents. He submits that, as the only natural guardian of the child, petitioner is entitled to the custody of the child. 3. State and the private respondents are represented. 4. Report submitted on behalf of the State be taken on record. 2 5. There are disputed questions of facts involved so far as the custody of the child is concerned. 6. Mother of the child apparently committed suicide. 7. Police complaint is one of dowry death. 8. Petitioner is aware of the custody of the child. 9. Petitioner can avail of a statutory alternative remedy with regard to the custody of the child. 10. Given the nature of allegations and counter allegations made by the private parties as against each other, we do not deem it appropriate to intervene in a writ of habeas corpus. Such disputes between the private parties with regard to the custody of the child may be agitated before the appropriate forum. 11. WPA (H) 50 of 2026 is disposed of without any order as to costs. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) ABHIJIT DAS Digitally signed by ABHIJIT DAS Date: 2026.07.16 12:45:23 +05'30'