Sweta Pal v. State Of West Bengal And ORS.
D/L 11 28.07.2025 ct.no.35 Kausik W.P.A. 14482 of 2025 Sweta Pal
Versus
The State of West Bengal & Ors.
Ms. Joyita Ray ...for the Petitioner.
Mr. Sirsanya Bandopadhyay, Ld. Sr. St. Counsel Mr. Debopriyo Karan ...for the State.
Affidavit of service filed be kept with the record.
Learned advocate appearing for the petitioner is aggrieved by the fact that the stridhan articles were not recovered by the Investigating Officer earlier in connection with Pandua Police Station Case No.
386/2021 wherein the Investigating Agency concluded the investigation and submitted the charge sheet, subsequently, on the basis of an application under section 175(3) of the BNSS, Pandua PS Case No. 179 of 2025 has been registered for investigation. The present investigation was registered on 09.03.2025.
State has submitted a report. Report reflects that the police authorities had been to the apartment which was under lock and key. So, they
were unable to recover any stridhan articles and prepared the seizure list as 'NIL'. Since the Investigating Officer has categorically stated that the same was videographed, I direct the police authorities to take effective steps as the claim is relating to the property being under lock and key. If the police authorities are apprehensive regarding the fact that there is probability of stridhan articles being in the said apartment then necessary permission be sought for from the jurisdictional Magistrate to seal the concerned flat.
There are number of cases pending which are definitely outcome of the matrimonial difference and dispute. So far as the jurisdictional courts are concerned, they would proceed in accordance with law, but it should be ensured by the courts concerned that the private respondent/husband or their family members do not evade the due process of law.
With the aforesaid observations WPA 14482 of 2025 is disposed of.
Report submitted be kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)