Banti Roy Nee Das v. State Of West Bengal And ORS.

08.06.2022 Sl. No.11 srm W.P.A. No. 9556 of 2022 Smt. Banti Roy (nee Das)

Versus

The State of West Bengal & Ors.

Mr. Mani Sankar Chattopadhyay, Ms. Shalini Singh ...for the Petitioner.

Mr. Biswabrata Basu Mallick, Mr. Sanjib Das ...for the State-respondents.

Despite service, none appears on behalf of the respondent No.4. Affidavit of service is taken no record. The allegation of the petitioner against the Officer-inCharge, Jadavpur Police Station does not survive in view of the fact that the police authorities have registered a specific case vide Jadavpur Police Station Case No.116 dated May 22, 2022 under Sections 341/323/506/509/114/406/420/467/468 of Indian Penal Code. It also appears that during investigation the police authorities visited the place of occurrence. Witnesses were examined. Statements were recorded under Section 161 of the Code of Criminal Procedure. Notice under Section 91 of the Code of Criminal Procedure was served upon the writ petitioner, requesting the petitioner to submit certain documents for the purpose of investigation. The investigation

is going on. Further allegation is that the respondent No.4 has not returned the necessary 'stridhan' articles and furniture to the petitioner. A matrimonial suit is pending between the parties.

The police authorities are directed to complete the investigation in a free and fair manner and in accordance with law. The police authorities will assist the petitioner, as and when approached by the petitioner, so that she may take her documents which would be necessary for day to day living. The petitioner shall also be at liberty to take further steps for recovery of the jewellery and furniture, etc. which are lying in the matrimonial home, by approaching the appropriate court. 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.)