Calcutta High Court (Appellete Side)
Ajit Kumar Chowdhury vs The State Of West Bengal & Ors on 22 June, 2010
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
In The High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
Present : The Hon'ble Mr Justice Jayanta Kumar Biswas
W.P.No.6778 (W) of 2010
Ajit Kumar Chowdhury
-vs-
The State of West Bengal & Ors.
Mr. A.K. Lahiri
Mr. Muktadesh Das ....for the petitioner
Mrs. Jyanti Dhar Quadar
Mrs. Tapasi Sinha ....for the state
Mr. Chapales Bandyapadhyay
Ms. Anandamayee Dutta ....for the fourth respondent
Heard on : June 22, 2010 Judgment on : June 22, 2010 The Court : The petitioner in this art.226 petition is alleging that his daughter- in-law is torturing him and not allowing him to live in his own house with dignity. He wants the writ court to direct the police to make necessary enquiry and ensure that his daughter-in-law does not torture him and allows him to live in his own house with dignity.
In my opinion, the petitioner is not entitled to any relief from the writ court. If the daughter-in-law is interfering with the petitioner's right to enjoy his own property, then the petitioner's remedy, if any, is before the civil court. If the daughter-in-law has committed any crime and the police have failed and neglected to prosecute her, then the petitioner's remedy, if any, is before the criminal court. It seems to me that the petitioner has approached the wrong forum.
For these reasons, the petition is dismissed. No costs. Certified xerox.
(Jayanta Kumar Biswas, J) sb