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2026 DAILYLAW 37140 (CAL)

SMT. ABHISIKTA BHATTACHARJEE v. STATE OF WEST BENGAL AND ORS.

WPA/20499/2026 · 2026-08-28

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.08.2026 12 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 20499 of 2026 Abhisikta Bhattacharjee –Versus – The State of West Bengal & Ors. Mr. Somesh Panja Ms. Moutusi Hazra Ms. Puja Kurmi ….for the petitioner Mr. Madhu Jana Mr. Rahul Agarwala …for the State respondents 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) By presenting this writ petition, petitioner has prayed for execution of warrant of arrest issued by the Learned Judicial Magistrate, Second Court, Durgapur in Miscellaneous Execution Case No. 33 of 2017. It is submitted on behalf of petitioner that warrant of arrest was issued by court below in connection with proceeding drawn up under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “said Act of 2005”). 3) Learned advocate for State respondents submits on instruction that concerned police authorities took steps for execution of warrant of arrest but there is difficulty for ensuring presence of husband of petitioner before 2 court below since husband is residing in Delhi. If warrant of arrest issued by court below in connection with a proceeding drawn up under said Act of 2005 is not executed, in that event petitioner needs to take steps within statutory framework. Writ Court in exercise of its jurisdiction under Article 226 of the Constitution of India is not an appropriate forum for execution of warrant of arrest issued by court below in connection with a proceeding under said Act of 2005. 4) Hence, writ petition is not entertained and same stands dismissed. 5) However, this order shall not preclude petitioner to take steps in accordance with law, if so advised. 6) Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)