IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Debangsu Basak And The Hon’ble Justice Md. Shabbar Rashidi WPA (H) 109 of 2025 Smt. Tumpa Bairagya Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Soumya Banerjee, Advocate Ms. Sucheta Banerjee, Advocate For the State :Mr. Swapan Kumar Dutta, Ld. Sr. Advocate &

Govt. Pleader Mr. Biplab Guha, Advocate Mr. Tapas Kumar Das, Advocate Hearing & Judgment on: January 20, 2026 DEBANGSU BASAK, J.:-

1. Petitioner before us is t he mother of a minor. Petitioner seeks custody of such minor.

2. Minor is presently with her father.

3. A criminal case was instituted at the behest of the petitioner on March

30, 2023. Titagarh Police Station registered such criminal case under Sections 498A/323/406/506 of the Indian Penal Code having Titagarh Police Station Case No.170/23 dated March 30, 2023.

4. During such investigations, the minor was produced before the Chairperson of the Child Welfare Centre, Barasat, North 24 Parganas on April 12, 2023. On April 24, 2025, petitioner submitted a self- declaration before the Officer-in-Charge of the local Police Station, where she stated that, she was u