High CourtsSingle Bench

GOURI BARIK vs THE STATE OF WEST BENGAL & ORS.

Calcutta High Court · Decided on 13 April 2018 · Citation: (2018) 04 CAL CK 0081

HON’BLE JUDGES
SHEKHAR B. SARAF, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 323, 341, 448
RESULT
Disposed Of
CASE NUMBER
W.P. 4532(W) of 2018

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Judgment

16 paragraphs · 315 words

On April 2, 2018, this Court had directed the Officer-in-Charge, Regent Park Police Station to appear on April 6, 2018 with a direction to enquire into

the allegations made by the writ petitioner.

The issue involved in this writ petition relates to ousting the writ petitioner from her residence by her daughter-in-law. The writ petitioner being a lady

of 68 years old appears in person and submits that she is having to stay at an “Ashramâ€​ due to misbehaviour of her daughter-in-law.

The concerned Officer-in-Charge submitted a report before this Court which reveals that the family dispute between the son and daughter-in-law with

the writ petitioner has resulted in the petitioner having been driven away from her own house. The report is kept with the record. It is pertinent to note

that the impugned premises is owned by the writ petitioner.

In view of the above, it is obvious that the writ petitioner has a crystal clear right to reside at her own residence.

Mr. Bappaditya Naskar, Sub-Inspector of Police, Regent Park Police Station, appears today and submits that the daughter-in-law and the son of the

writ petitioner have vacated the impugned premises and the writ petitioner is free to go back and stay at her own residence. He further submits that

the F.I.R. in Case No.56 dated 22nd March, 2018 under Sections 34/ 448/323/341 I.P.C. against the daughter-in-law and the son of the writ petitioner

is proceeding in accordance with law. The statements have been taken and investigation in the matter is complete. He further submits that final report

shall be submitted before the learned A.C.J.M., Alipore, South 24Parganas, soon.

In light of the above, the Officer-in-Charge, Regent Park Police Station, is directed to assist the writ petitioner in entering her residence and to provide

her police protection for the period of two weeks.

With the above direction, this writ petition is disposed of.