Dismissed

Rita Devi Singh v. State of West Bengal and Ors.

Calcutta HC28 Jun 2021WPA(H)/44/2021

Case brief

AI extract

What is this about?

The High Court dismissed a habeas corpus petition challenging police inaction regarding an FIR. The court held that police inaction cannot be made the subject matter of a habeas corpus petition and clarified that the petitioner is not barred from seeking appropriate remedies in other forums.

What did the court decide?

Petitioner to avail appropriate remedies before the competent forum.

Rita Devi Singh Vs State of West… — Constitutional and Fundamental Rights | Calcutta HC (2021)

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28.06.2021 Court No.30

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rpan / 53

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W.P.A. (H) No. 44 of 2021

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In re: An application under Article 226 of the Constitution of India;

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And

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In re: Rita Devi Singh – Versus –

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The State of West Bengal & Ors.

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Mr. Ranjit Kumar Roy … for the Petitioner. Mr. Saibal Bapuli, Md. Sabir Ahmed

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… for the State respondents.

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Let the supplementary affidavit filed by the petitioner be kept on record.

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Mr. Roy, learned advocate appearing for the petitioner submits that the petitioner’s daughter had a love affair with the private respondent no.6. However, on the provocation of the respondent no.6 and his family members, the petitioner’s daughter committed suicide on 16^th February, 2021. Thereafter a complaint was lodged at Girish Park Police Station and the same was registered as FIR No.33 dated 7^th March, 2021 under Sections 306/120B of the Indian Penal Code. The police authorities, however, did not take appropriate steps and as such the petitioner again submitted a representation to the respondent no.5 on 16^th April, 2021 but in vain.

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Mr. Bapuli, learned advocate appearing for the State respondents submits that there is no allegation

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of any illegal detention and as such the present habeas corpus petition is not maintainable.

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We have heard the learned advocates appearing for the respective parties and considered the materials on record. The grievance of the petitioner is that her daughter committed suicide on the provocation of the respondent no.6 and his family members and the police authorities have not taken appropriate steps on the basis of the complaint. Such inaction on the part of the police authorities cannot be made the subject matter of a habeas corpus petition.

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Accordingly, the writ petition, being WPA (H) 44of 2021, is dismissed. However, it is made clear that the dismissal of this petition will not prevent the petitioner to avail appropriate remedies before the competent forum.

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There shall, however, be no order as to costs.

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All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

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(Suvra Ghosh, J.) (Tapabrata Chakraborty, J.)

Rita Devi Singh v. State of West Bengal and Ors.

Case brief

What is this about?

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Rita Devi Singh v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

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