LAWS(CAL)-2008-4-104

SARAJU BALA ROY Vs. STATE OF WEST BENGAL

Decided On April 28, 2008
SARAJU BALA ROY Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) A mother has come up before this Court complaining of police inaction in respect of alleged torture inflicted on her and her husband by her eldest son (respondent No. 4) and her daughter-in-law (respondent No. 5 ).

(2.) IT is not in dispute that the petitioner had approached the Executive magistrate with a petition under section 107 of the Code of Criminal procedure, giving rise to M. P. Case No. 2 of 2007 and that the Magistrate by an order dated 5. 12. 07 had directed the respondents 4 and 5 herein to execute a bond of Rs. 5,000/- each with two sureties of equal amount for maintaining good behaviour for one year from the date of execution of such bond and the Inspector-in-Charge, Lake Town Police Station was directed to ensure that the life and property of the petitioner and her family members are not violated in any manner by the opposite parties therein, and that such order of the Executive Magistrate has been stayed in Criminal revisional Application No. 249 of 2007 by the Sessions Court.

(3.) IT is further not in dispute that a civil suit instituted by the petitioner for eviction of the respondents 4 and 5 from the premises in question is pending.