Moumita Das Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Moumita Das Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Protective directions: fair and impartial investigation with lawful steps against the accused; police assistance to the petitioner to return to and reside in her house peacefully upon her intimating the date and time of intended return; Inspector in Charge, Haridevpur PS to depute a lady police personnel for daily house visits for two weeks to prevent torture/assault by private respondents; strict vigil in the area and assistance/protection as and when sought. No order as to costs.

Issue for consideration

Whether the petitioner should be enabled, with police assistance and protection, to return to and reside peacefully in her late mother's house with her minor daughter, free from assault/torture by the private respondents, and whether the investigations into her complaints should be conducted fairly and impartially.

Court's answer

The police authority is directed to conduct the investigation in a fair and impartial manner and take necessary steps against the accused in accordance with law.

Ratio / Principle

Since the petitioner intends to return to her house with her child, she is to approach the jurisdictional police and intimate the date and time of her intended return; the police authority shall render necessary assistance so that she is able to return to the house and reside therein without any disturbance from any corner whatsoever.

Key takeaways

The Inspector in Charge, Haridevpur PS (5th respondent) shall depute a lady police personnel who shall visit the petitioner's house once every day for the next two weeks and ensure that no torture/assault is meted out upon the petitioner or her child at the instance of the private respondents.ratio¶14
The police authority shall keep strict vigil in the area to avoid any untoward incident, ensure maintenance of peace and tranquility, and render necessary assistance/protection to the petitioner as and when sought.ratio¶15

Detailed headnote1 paragraphs

Writ petition — domestic dispute — police protection for residence. A petitioner constrained to live elsewhere for about nine months with her minor daughter after alleged severe assault/torture by her brother (7th respondent), his wife and associates occupying her late mother's house, sought to return and reside peacefully. An FIR on her complaint of 20.06.2025 had ended in a charge sheet; her complaint of 04.07.2025 was registered with investigation pending. The Court (Suvra Ghosh, J.) disposed of the writ petition directing: (i) fair and impartial investigation and necessary steps against the accused in accordance with law; (ii) police assistance to enable the petitioner to return to and reside in the house without disturbance, upon her intimating the date and time of intended return; (iii) the Inspector in Charge, Haridevpur PS (5th respondent) to depute a lady police personnel to visit the house once every day for two weeks to ensure no torture/assault upon the petitioner or her child at the instance of the private respondents; and (iv) strict vigil, maintenance of peace and tranquility, and assistance/protection as and when sought. No order as to costs; allegations deemed not admitted as no affidavit was invited.

20 25.02.2026 Ct. No.5 b.das

WPA 623 of 2026

Moumita Das Vs. The State of W. B. & Ors.

Mr. Nikhil Kr. Gupta Ms. Laboni Bar …for the petitioner. Ms. Jhuma Chakraborty Ms. Rupsa Chakraborty …for the State.

Affidavit of service filed by the petitioner and report submitted by the State are taken on record.

Heard learned counsels for the parties.

Learned counsel for the petitioner submits that the petitioner was residing in her mother’s house with her minor daughter and mother. After demise of her mother, the 7^th respondent who is her brother entered the house with his wife and started residing therein. The said brother and his wife, along with their associates have been creating nuisance in the house regularly by consuming alcohol and other prohibited drugs and have been assaulting and torturing the petitioner severely for which the petitioner has been constrained to reside elsewhere for the last 9 months with her child.

The petitioner has lodged complaint in this regard before the jurisdictional PS. She seeks to reside with her child therein peacefully.

2

It appears from the report submitted by the State that pursuant to the complaint lodged by the petitioner on 20^th June, 2025, FIR was registered and charge sheet submitted upon completion of investigation. The subsequent complaint lodged by the petitioner on 4^th July, 2025 has also been registered and investigation is pending.

The police authority is directed to conduct the investigation in a fair and impartial manner and take necessary steps against the accused in accordance with law.

Since the petitioner intends to return to her house with her child and reside therein peacefully, she will approach the jurisdictional police and intimate the date and time of her intended return.

The police authority shall render necessary assistance to her so that she is able to return to the house and reside therein without any disturbance from any corner whatsoever.

The Inspector in Charge, Haridevpur PS, being the 5^th respondent herein, shall depute a lady police personnel who shall visit the petitioner’s house once every day for the next two weeks and ensure that no torture/assault is meted out upon the petitioner or her child at the instance of the private respondents.

The police authority shall keep strict vigil in the area in order to avoid any untoward incident and shall ensure maintenance of peace and tranquility. The police shall

3

render necessary assistance/protection to the petitioner as and when sought.

With the above observation and directions the writ

petition is disposed of accordingly.

However, there shall be no order as to costs.

Since no affidavit is invited, the allegations contained

in the writ petition are deemed not to have been admitted.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)