1 D/L 7 27.08.2026 Rohit,A.R.(Ct.) ct.no.758 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 9800 of 2023 Babita Das Versus State of West Bengal & Ors. Ms. Punam Basu Mr. Anirban Saha Mr. Srikumar Chakraborty Mr. A. Sengupta Ms. Sulagna Sen …for the Petitioner Mr. Suryaneel Das, A.G.P Mr. Chiranjit Pal …for the State Mr. Pawan Kr. Gupta Ms. Sofia Nen …for the Opposite Party 1. Ms. Basu, learned Advocate appears for the petitioner and submits that she along with her husband were residing at her matrimonial home at 169/2/1, Belilious Road, Post Office- Howrah, Police Station- Bantra, Howrah 711101. It is further stated that on 15th July, 2017 the husband of the petitioner passed away and after the demise of her husband the respondent no. 4, who is the brother-in-law of the petitioner has forcefully occupied the matrimonial home and has driven out the petitioner and her daughter from the matrimonial home. Civil suits between the 2 parties with regard to the matrimonial home is pending between the parties. 2. It is further submitted that on 5th February, 2019 the petitioner lodged a written complaint with the Bantra police station disclosing commission of cognizable offence since the belongings of the petitioner lying at almirah at the matrimonial house was removed by breaking open the padlock. It is submitted that such complaint was not adhered to. It is submitted that subsequently by a GD complaint dated 22nd February, 2023 which was diarised as GD Entry No. 1124, complaint was once again lodged with the police authorities. However, no steps have been taken. In view of the aforesaid the petitioner, inter alia, prays for a writ of mandamus commanding the respondents to forthwith look into the matter and take necessary action against the respondents in accordance with law by registering FIR against the accused persons. 3. Pursuant to the writ petition this Court had directed the State to file its report in the matter. It appears that a report dated 23.08.2023 has been filed by the State before this Court. The said report reveals that a Civil Suit no. 279 of 2019 is pending before the Court of Learned 7th Civil Judge (Junior 3 Division), Howrah and according to police the dispute between the parties are civil in nature. 4. Upon receipt of the said report from the police, the petitioner has filed an exception dated 9th April, 2025 to such report. 5. I have heard the learned Advocates for the parties. The learned Advocate, Mr. Das, appearing for the State submits that this Court should not exercise its jurisdiction under Article 226 of the Constitution of India for the purpose of directing the police to register a First Information Report, in as much as an alternative efficacious remedy is available to the petitioner. 6. Having considered the submissions made by the parties and the facts and circumstances of the case, this Court directs the petitioner to approach the Bantra Police Station by way of a formal complaint expressing its grievances within a period of seven days thereof. In the event such complaint is made the police authorities shall take appropriate steps in accordance with law. 7. It is clarified that this Court has not gone into the merits of the allegations made by the petitioner against the respondents. Therefore, this order shall not have any bearing on the merits of the dispute between the parties. 4 8. It is, however, clarified that in the event the complaint lodged by the petitioner discloses a cognizable offence the police shall take appropriate steps in accordance with law. 9. With the above observations WPA 9800 of 2023 is disposed of. 10. There shall be no order as to costs. 11. Urgent certified website copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities. (Anuj Singh, J.)