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Calcutta High CourtWPA/4869/2025disposed

Anima Biswas v. The State Of West Bengal And ORS.

2025-03-17Hon'Ble Justice Tirthankar Ghosh2 pages

W.P.A. 4869 of 2025 Anima Biswas.

VS The State of West Bengal & Ors.

Mr. Aniket Mitra, Mr. Arko Banerjee.

... for the Petitioner.

Mr. Souri Ghosal.

...for the Respondent no.5.

Ms. Sayani Roy, Chowdhury, Mr. Debtanay Banerjee.

...for the Respondent no.6 Ms. Sonal Sinha, Ms. Munmun Ganguly.

... for the State.

Petitioner approached this Court as there has 17.03.2025 Court No. 35 Item No.18 Rakib been hardly any progress in connection with Muchipara Police Station case no. 34/24 dated 14.03.2024 which was initiated on the basis of a complaint filed by the petitioner claiming to be wife of one late Anjan Biswas. The accusations mainly were in respect of certain withdrawals of the deceased by other family members. State has submitted a report. Report reflects that Muchipara PS Case no. 34/24 dated 14.03.2024 was registered for investigation. Statement of the petitioner and her two daughters were recorded under Section 161 of the Code of Criminal Procedure. The FIR named accused person was also served with a notice under Section 41A of the Code of Criminal Procedure. In course of investigation it revealed that the marital tie between the present petitioner/de facto complainant and the late Anjan Biswas was dissolved by a decree of divorce passed

by the learned Additional District Judge, 4th Court, Alipore on or about 08.02.2001.

Having considered that police authorities have taken steps and have unearthed materials in support of the case, they are at liberty to arrived at their independent finding at the conclusion of investigation. Learned advocate appearing of the private respondent no.5 is present and also submits that the present petitioner's marital tie with the late Anjan Biswas was dissolved more than 20 years ago.

Having considered the nature of investigation being carried out, I do not find any reason to interfere with the same. The police authority as directed above will arrive at their conclusion in accordance with law. With the aforesaid observations WPA 4869 of 2025 is disposed of.

Report so submitted by the State be kept with the record.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)