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Calcutta High Court disposes of same sex couple’s plea on police inaction over torture by family

A Single-Judge Bench of Justice Rajasekhar Mantha passed this order while hearing a petition filed by Parna Bal and another.

The Calcutta High Court on Monday after 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

A Single-Judge Bench of Justice Rajasekhar Mantha passed this order while hearing a petition filed by Parna Bal and another.

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.

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.

The Court observed that the Petitioner submits that while it may have been true that the family members are named in the complaint against her, she is now free and is leading her own life free from any influence of any family member. The Court finds no inaction on the part of the Berhampore Police Station.

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“In that view of the matter, although there is no formal request from the family members to that effect, the 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 shall stand concluded and closed and no further steps need be taken thereunder by the Berhampore Police,” the Court said while disposing of the Petition.

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