Sukanya Bhar v. State Of West Bengal And ORS.

14.07.2022 Sl.No.399(ML) srm W.P.A. No. 5465 of 2022 Smt. Sukanya Bhar

Versus

The State of West Bengal & Ors.

Mr. Sandipto Bose, Mr. Devranjan Das ... for the Petitioner.

Ms. Chaitali Bhattacharya, Mr. Suvendu Roy Chowdhury ...for the State-respondents.

Ms. Shebatee Datta ...for the Respondent Nos.4 & 5.

Affidavit-of-service is taken on record.

The other issues with regard to status of the parties in respect of the suit property shall be decided in the pending civil suit. The petitioner's grievance has been addressed, as it appears from the police report, that over the complaint lodged by the petitioner, Golabari Police Station Case No.164 of 2022 dated March 30, 2022 under Sections 447/427/379/506/34 of the Indian Penal Code has been initiated against the respondent Nos.4, and some others. The FIR named accused persons, namely the respondent Nos.4 and 5 surrendered before the learned Chief Judicial Magistrate, Howrah and they were released on bail. The investigation is in progress.

Thus, this Court is of the view that the case, which has been registered on the basis of the complaint of the petitioner, namely Golabari Police Station Case No.164 of 2022, must be reached to its logical conclusion upon completion of the investigation. Such investigation must be held in a free, fair and impartial manner. The petitioner is at liberty to approach the learned civil court for determination of other issues which shall be decided by the learned civil court, independently. The writ petition is, thus, disposed of.

There will be no order as to costs.

All parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)