Calcutta High Court: In an intra-court appeal filed against the Single Judge’s order dated 25-07-2025 whereby the Court disposed of the petition seeking the execution of warrant by the police authorities, a Division Bench of Sujoy Paul, ACJ., and Partha Sarathi Sen, J., refused to interfere with the single judge’s order and clarified that the family court itself has sufficient mechanisms to enforce execution of its warrants, provided the correct information is given.
In the instant matter, the appellant had earlier filed writ petition before the Single Judge of this Court, complaining of non-execution of warrant issued by the trial court, however, the Court disposed of the writ petition, holding that the petitioner’s remedy lay elsewhere. Aggrieved by the impugned order, the appellant preferred the present intra-court appeal, challenging the same.
The appellant contended that although “the trial Court is issuing warrant, the said warrant is not translated into reality and police authorities are not executing the same.” The appellant insisted that she had already provided the correct address of the husband, as reflected in the original proceedings.
The Court noted that the Single Judge, while disposing of the writ petition, observed that the family court must be first apprised of non-execution of warrant and that correct address particulars were required.
The Court held that the Single Judge had taken “a plausible view” and emphasised that “the family court is not helpless or powerless to ensure that its warrant is executed provided the appellant has provided the correct address etc.”
The Court further reasoned that the appellant may apprise that very court that its warrant is not being executed, and if still dissatisfied, could take recourse to appropriate statutory proceedings, namely, revision or appeal. Finding no illegality or impropriety in the order, the Court upheld the Single Judge’s order and dismissed the appeal.
[Shahin Parveen v. State of W.B., APOT 291/2025; IA No. GA/1/2025, GA/2/2025, Decided on 28-11-2025]
Advocates who appeared in this case:
Mr. Partha Sarathi Das, Mr. Shah Md. Umer and Ms. Purnima Panda, Counsel for the Appellant
Mr. Subhajit Chowdhury, Counsel for the State