Sk. Nasir Uddin v. State Of West Bengal And ORS.

07.05.2025 W.P.A. 9431 of 2025 Item No.58 Ct. No.35 dc.

Sk. Nasir Uddin versus The State of West Bengal & Ors.

Mr. Tanmay Chowdhury, Ms. Ritoprita Ghosh ... For the Petitioner.

Mr. Rajarshi Basu, Ms. Sanchayita De ... For the State.

Mr. Rwitendra Banerjee, Mr. Shibasis Chatterjee ... For the Respondent No.8.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocates appearing for the petitioner and the respondent no.8.

The petitioner is aggrieved by the fact that the information furnished to the police authorities on 15.04.2025 has not been acted upon.

Learned advocate appearing for the State submits that on receipt of such written information, Ghatal Police Station Case No. 151 of 2025 dated 04.05.2025 has already been registered for investigation under the relevant provisions of law. Learned advocate appearing for the private respondent no.8 submits that she along with her three children is residing at the residence.

Additional grievance which has been expressed by the petitioner is that he is unable to enter the

residence because of the overt act of the respondent no.8 and her associates/relations.

Since it has been pointed out that pursuant to direction of the learned Magistrate under the relevant provisions of PWDV Act, the respondent no.8 is staying at the shared household. The petitioner will be at liberty to bring it to the knowledge of the learned Magistrate in seisin of the litigation under the PWDV Act. The learned Magistrate would decide whether a proportionate area be demarcated for the husband at the same residence.

With the aforesaid observations, the writ petition being WPA 9431 of 2025 is disposed of. There will be no order as to costs.

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.)