Firoza Khan Dey v. State Of West Bengal And ORS.

11.08.21 Court No.30 rpan /28 W.P.A. (H) No. 30 of 2021 In re: An application under Article 226 of the Constitution of India;

And In re: Firoza Khan Dey - Versus - The State of West Bengal & Ors.

Mr. Mukteswar Maity, Ms. Kiran Kumari Mahato ... for the Petitioner.

Mr. Saibal Bapuli, Md. Sabir Ahmed ... for the State.

The writ petition is taken up for consideration subsequent to the order dated July 16, 2021.

The complaint of the petitioner is that her husband is missing. The police did not recover her husband despite the police complaint.

Report in the form of instructions to the learned advocate for the State filed in Court be taken on record. It appears from the report that the police registered a case, being Bhatar Police Station Case no.06/21 dated January 5, 2021 under Sections 417/498A/34 of the Indian Penal Code, 1860 against the respondent nos.5, 6, 7 and 8. The FIR named accused surrendered on January 15, 2021 before the jurisdictional court. The petitioner lodged a complaint with regard to her missing husband. The police recovered the missing husband of the petitioner on June 25, 2021 and recorded his statement under Section 164 of the Code of Criminal Procedure (in short, the said Code). A copy of the

statement under Section 164 of the said Code of the husband forms the part of the report submitted in Court. On perusal of the statement recorded under Section 164 of the said Code, we are of the view that as an adult, the husband of the petitioner exercised his choice. He does not want to stay with the petitioner. As, a Writ Court we need not interfere with the choice made by the husband of the petitioner.

The private parties are at liberty to avail of their remedies before the appropriate forum in accordance with law.

Accordingly, WPA (H) 30 of 2021 is disposed of. There shall, however, be no order as to costs. Urgent certified website copies of this order, if applied for, be made available to the parties, upon compliance of all requisite formalities.

(Subhasis Dasgupta, J.) (Debangsu Basak, J.)