Halim Khan v. State Of West Bengal And ORS.

06.06.2023.

Court No.13 Item No. 16 ap W.P.A. No. 4115 of 2023 Halim Khan

Versus

The State of West Bengal & Ors.

Mr. Syed Mosihar Rahman.

...For the petitioner.

Mr. Asish Kumar Guha, Mr. Naren Ghosh Dastidar.

...For the State.

1. Affidavit-of-service filed in Court today be taken on record.

2. The petitioner complains of alleged inaction on the part of Uluberia Police Station in respect of a complaint against his ex-wife.

3. Uluberia Police Station has submitted a report dated 21st March, 2023, which is taken on record.

4. It appears therefrom that the police have registered an FIR being No.113 of 2023 dated 20th March, 2023 under Sections 448/341/323/379/506/34 of the Indian Penal Code and investigation is on.

5. It is ordered that the investigation into the subject FIR should be completed within a period of one month from date.

6. Counsel for the Uluberia Police also submits that FIR No. 81 of 2021 dated 24th November, 2021 under Sections 354A/506 of the Indian Penal Code and Section 10 of the POCSO Act has been registered at the instance of the private respondent/wife against the

petitioner. The same has resulted in Charge-sheet No.2 of 2022 dated 22nd January, 2022.

7. The petitioner is stated to have received a piece of land in dowry from his ex-wife, Amina Begum. The same is denied by the petitioner.

8. The petitioner's prayer for being restored possession of his house is declined under Article 226 of the Constitution of India. The petitioner may approach the Civil Court against his wife for possession of his house.

9. With the aforesaid directions, the instant writ petition shall stand disposed of.

10.

There will be no order as to costs.

11.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)