RAJINA BEGAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit of service filed in Court today be kept with the record.

(2.) Indisputably the petitioner and respondent no.5 jointly purchased a piece of land having undivided share thereon by a single deed. It is alleged that the respondent no.5 has been trying to raise construction over the said undivided property. It is also not in dispute that a suit for partition is pending at the instance of the petitioner before the appropriate Civil Court. An order of status quo in respect of the suit property was also granted in the said suit being Title Suit No.436 of 2021 by the Learned Civil Judge (Senior Division), 1st Court, Barasat, the said order is still pending.

(3.) Now, the petitioner being the wife of the plaintiff of Title Suit No.436 of 2021 has come up before this Court with the instant application that on 2/4/2022 when the private respondent tried to raise construction over the disputed property the petitioner tried to resist him but she was manhandled by the private respondent alongwith his associates, her modesty was outraged and finally the petitioner made an application under Sec. 156(3) of the Code of Criminal Procedure before the Learned Additional Chief Judicial Magistrate, Barasat. The Learned Additional Chief Judicial Magistrate, Barasat sent the said petition before the jurisdictional P.S. with a direction to start a specific case thereon. It is the allegation of the petitioner that in spite of such direction the police authority has not taken any step against the respondent and respondent is continuing such wrongful act upon the petitioner and her family.