← Library
Calcutta High CourtWPA/11426/2024disposed

Sarbani Chaudhury v. State Of West Bengal And ORS.

2025-03-27Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 28 27.03.2025 Bpg.

ct.no.35 W.P.A.11426 of 2024 Sarbani Chaudhury

Versus

The State of West Bengal & Ors.

Mr. Sanat Kr. Biswas Mr. Manj Kr. Mondal.

...for the petitioner.

Mr. Swapan Banerjee Mr. Tapas Manna.

...for the State-respondents.

Mr. Sk. MustafI Rahaman Ms. Mousumi Pal Mr. Kaushik Modak.

...for the respondent no.6.

Affidavit of service filed by the petitioner be kept with the record.

Petitioner is aggrieved by the fact that in spite of Chetla Police Station Case No.19 dated 09.05.2023 under Sections 420/406/120B of the Indian Penal Code was registered for investigation, the petitioner neither received her stridhan properties nor she was handed over with her dues as her husband expired and the properties in respect of which her husband had a share was sold out. The police report which has been submitted reflects that so far as her late husband's share is concerned, the same was credited in the account of her husband late Bhaskar Chaudhury and the transaction was made

with Allahabad Bank/Indian Bank, Bowbazar Branch, Kolkata.

Learned advocate for the respondent no.6/bank submits that he needs instructions to make submissions.

However, since the investigation of Chetla Police Station Case No.19 dated 09.05.2023 is still in progress and the learned CJM/ACJM, Alipore is in seisin of the same, I direct that necessary directions be passed upon the bank authorities in respect of the transactions and as to whether there is any amount lying in the name of late Bhaskar Chaudhury which the petitioner claims should be her legal entitlement. So far as the investigation relating to stridhan properties are concerned as also the amount relating to the property transaction and the share is concerned, petitioner will make an appropriate application before the court in seisin of the matter as well as file a representation with the Deputy Commissioner of Police, South Suburban Division who would address the grievance of the petitioner in a time bound manner. So far as the issues are concerned, both the learned court and the Deputy Commissioner of Police would comply with the required formalities if the entitlement is found to be in favour of the petitioner.

With the aforesaid observations, WPA 11426 of 2024 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

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

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

(Tirthankar Ghosh, J.)