Gourhari Sarkar v. State Of West Bengal And ORS.

21-02-2022 ct no. 13 Sl.11 pk WPA 9 of 2022 Gourhari Sarkar

Versus

The State of West Bengal & Ors.

(Via Video Conference) Mr. Tarique Quasimuddin, Mr. Zainab Tahur ...for the petitioner Sk. Md. Galib, Mr. Kapil Guha ...for the State.

The writ petitioner complains of inaction by Swarupnagar Police Station, Basirhat.

It is submitted that notwithstanding FIR registered on 20th December, 2020 at the instance of learned ACJM, Basirhat in M. P. Case No. 348 of 2020`under Sections 363/365 of the Indian Penal Code, the victim lady or minor child has not been recovered.

Counsel for the State submits that pursuant to a complaint received from the alleged victim girl, investigation had started and Charge Sheet No. 902 of 2019 dated 31.10.2019 under Sections 498A/34 of the IPC read with Sections 3 and 4 of the D. P. Act has been filed.

It is submitted that the victim girl left from the matrimonial house with the petitioner. There was some settlement and the wife was residing with the

petitioner. In August, 2020, however, the mother-inlaw of the writ petitioner took away her daughter. Counsel for the State submits that the petitioner's wife has taken a second husband and is pregnant with a child from such second marriage and is residing at Madhya Pradesh. A police team is stated to have left for Madhya Pradeh.

It is ordered that the said police team shall only record the statement of the wife, namely, Sikha Sarkar and submit the same in the final report. The civil marital disputes between the petitioner and his wife, legality of the second marriage, custody of the child, namely, Joy Sarkar may be taken up before an appropriate forum under the relevant statute. It is expected that the statement of Sikha Sarkar would be recorded before the local Magistrate where she may be traced out.

With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)