Dismissed¶13

Sima Chakraborty v. the State of West Bengal and Ors.

Calcutta HC14 May 2025WPA(H)/30/2025

Case brief

AI extract

What is this about?

Illegal detention writ petition dismissed; petitioner sought State direction to recover nephew Amit Ghosh allegedly forcibly confined in rehabilitation centre (Sodepur Spirit Foundation Gents Unit); complaint to respondent nos. 3 and 4 dated 29 January 2025; Khardah Police Station ASI enquiry found treatment ongoing; no material of illegal detention; no interference; dismissed without costs; WPA (H) 30 of 2025; decided 14.05.2025; Bench: Reetobroto Kumar Mitra, J. and Tapabrata Chakraborty, J.

What did the court decide?

There is no material on record to infer that Amit is under illegal detention. ¶13

Sima Chakraborty Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

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14.05.2025

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rpan /10

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WPA (H) 30 of 2025 Sima Chakraborty - Versus - The State of West Bengal & Others

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Mr. Dibashis Basu, Mr. Jayanta Kr. Sanyal, Mr. Anath Nath Naskar, Mr. Arun Bandyopadhyay …for the Petitioner.

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Mr. Debabrata Chatterjee, Mr. Simanta Kabir … for the State/Respondents.

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Affidavit-of-service, as filed, be kept on

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record.

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The present writ petition has been preferred inter alia praying for issuance of necessary direction upon the State authorities/respondents to recover the nephew of the petitioner.

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Mr. Basu, learned advocate appearing for the petitioner submits that on 7^th January, 2025, the petitioner came to learn that her nephew, namely, Amit Ghosh (in short, Amit) has been admitted at a rehabilitation centre. Worried about such condition the petitioner immediately went to meet Amit. However, the authorities of the said rehabilitation Centre refused to allow the petitioner to meet with Amit. Aggrieved thereby, the petitioner lodged a complaint before the respondent nos.3 and 4 on

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29^th January, 2025 stating inter alia that Amit had been forcibly admitted in a rehabilitation centre though he does not suffer from any ailments. The petitioner had also been refused to meet with Amit by the authorities of the said rehabilitation Centre. In spite of such complaint no effective steps were taken by the authorities and as such, the petitioner has approached this Court.

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Mr. Chatterjee, learned advocate appearing for the State authorities/respondents denies and disputes the contention of the petitioner and submits that upon receipt of information as regards the dispute, an Assistant Sub-Inspector of Police attached to the office of the Khardah Police Station, enquired into the matter and ascertained that Amit was admitted in a rehabilitation centre, namely, Sodepur Spirit Foundation Gents Unit and is undergoing treatment in the said rehabilitation centre.

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We have heard the learned advocates appearing for the respective parties. There is no material on record to infer that Amit is under illegal detention. It appears that at present Amit, who is suffering from some ailment, has been admitted in a rehabilitation centre. In view thereof, no interference is called in the present writ petition and the same is, accordingly, dismissed.

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There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.

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(Reetobroto Kumar Mitra, J.) (Tapabrata Chakraborty, J.)

Sima Chakraborty v. the State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Sima Chakraborty v. the State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

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Case details

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