Mahadeb Bhakta v. The State Of West Bengal And ORS.

19.06.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 15196 of 2024 Mahadeb Bhakta -versus The State of West Bengal & Ors.

Mr. Syed Mosihar Rahman.

...For the Petitioner.

Mr. Suman Sengupta, Ms. Amrita Panja Moullick.

...For the State.

Affidavit-of-service and the unserved envelopes addressed to the private respondents filed in Court today is taken on record.

The respondent no. 7 is the wife of the petitioner. Allegation is that the respondent no.7 has married respondent no. 10 during the subsistence of the marriage of the petitioner with the respondent no. 7 and has taken away a sum of Rs.40,000/- from the petitioner's account and gave the same to the respondent no.10 without the permission of the petitioner.

A complaint was lodged before the police and as no action was taken the present writ petition has been filed.

The petitioner prays for recovery of the money by the police from the respondent no.10 and to return the same to the petitioner.

The Court is of the opinion that the prayer for recovery of money by the police from the private respondent cannot be allowed by the writ court. The petitioner ought to approach the competent forum for relief.

The writ petition stands dismissed.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)