The Calcutta High Court recently comprising of a bench of Justice Rajasekhar Mantha, disposed of a plea moved by a same sex couple alleging police inaction after noting that the concerned police authorities had conducted satisfactory investigation into the matter. (Mx Parna Bal and another v. The State of West Bengal)
The bench while noting that the concerned Police authorities had conducted satisfactory investigation into the matter, disposed of a plea moved by a same sex couple alleging police inaction.
Facts of the case
In the instant case, the petitioner was in a relationship with one Puja Paharia, an adult woman. However, their relationship had been vehemently opposed to by the family members of the petitioner. Consequently, the petitioner's father, mother, her brother and her elder sister had also wrongfully confined her and had inflicted torture upon her for pursuing such a same sex relationship. As a result, a police complaint had been registered by the petitioner against her family members at the Berhampore Police Station.
The Writ Petition has been filed alleging inaction against the Berhampore Police Station on a complaint dated July 28, 2021. The Petitioner has had a homosexual relationship with one Puja Paharia.
Opposing the said relationship, the family members of the Petitioner, namely, her father, mother, her brother and her elder sister had wrongfully confined her and had inflicted torture.
Contention of the Parties
Counsel for the State has submitted that the Berhampore Police Station dated July 28, 2020 under Sections 342/325/379/506/34 of the Indian Penal Code have been registered and investigation is on.
Courts observation & Judgment
The bench opined that the police authorities had diligently conducted investigation and accordingly observed, "The petitioner submits that while it may have been true that the family members are name accused in the complaint against her, she is now free and is leading her own life free from any influence of any family member. This Court finds no inaction on the part of the Berhampore Police Station"
The Court ordered for the closure of proceedings initiated pursuant to the police compliant.
The bench observed, "In that view of the matter, although there is no formal request from the family members to that effect, this Court in exercise of powers under Article 226 of the Constitution of India is of the view that continuation of any investigation under the said Act would be exercise of an utility. Hence the proceedings under Police Station Case No. 755 of 2020 shall stand concluded and closed and no further steps need be taken thereunder by the Berhampore Police"
Accordingly, the petition was disposed of with no order as to costs.
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