ARUNA MITRA Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2005-6-67
HIGH COURT OF CALCUTTA
Decided on June 22,2005

Aruna Mitra Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

- (1.) Grievance of the petitioner is that though she lodged complaint with the police authority that her son had not been permitting her to reside in the house, the police authority failed and neglected to take any action for making investigation.
(2.) In my view, the writ petition is totally misconceived. It seems to me that it is a private dispute between the petitioner and her son.
(3.) Even assuming that the allegations made by her made out a case of commission of cognizable offence by her son, in my view, her remedy, in the absence of any steps taken by the police authority, would be available only before the competent judicial Magistrate. The writ Court cannot take cognizance of the offence. The writ Court is not also the appropriate forum to direct investigation to be made. Investigation can be ordered only by the competent judicial magistrate after considering the worth of the allegations made in the complaint.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.