LATIKA DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court: The petitioner in this art. 226 petition dated July 1, 2010 is alleging that though information was given to the officer in charge of Swarupnagar police station in North 24 Parganas that her elder son and daughter-in-law (the son's wife) have been torturing her regularly, the officer in charge has not taken any step.

(2.) Counsel submits that the petitioner lives with her younger son, and that the petitioner's only daughter lives at her matrimonial home. The case stated in the petition reveals that the petitioner and her husband live in a house built by her husband using a piece of land purchased by her, and that her elder son and daughter-in-law, the fourth and fifth respondents, also live with them.

(3.) The petitioner wants me to exercise power under art. 226 for making an order commanding the officer in charge of the police station to see that her elder son and daughter-in-law do not torture her. Counsel says that it is only the High Court that is empowered to give the required relief. He is unable to say why the petitioner did not approach the Magistrate if the police decided not to register any FIR even after receipt of information of commission of any offence by the fourth and fifth respondents.