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Calcutta High CourtWPA/12442/2011dismissed

Smt Shila Ghosh v. State Of West Bengal & ORS

2021-01-06Honble Chief Justice Thottathil B. Radhakrishnan,Hon'Ble Justice Arijit Banerjee2 pages

06.01.2021 Through Video Conference Item no. 15 Dd/aloke WPA 12442 of 2011 Smt. Shila Ghosh Vs.

The State of West Bengal & Ors.

Mr. Rana Mukherjee, ld. APP Mr. Sabir Ahmed ... ...For the State This writ petition was filed on the allegation that one Rajendra Nath Ghosh, the husband of the petitioner is missing. The matter was instituted in 2011.

It appears from the report that the petitioner had lodged a complaint before the police that her husband Rajendra Nath Ghosh has been kidnapped that led to an investigation. Certain persons were arraigned as accused persons. The investigation concluded on the premise that no case of kidnapping has been made out and that the case was closed as mistake of fact. The police have also noticed that the petitioner who is the wife of Rajendra Nath Ghosh had obtained documents from him and, thereafter, dealt with properties which belonged to Rajendra Nath Ghosh. This is the version of the police.

With all these materials, we are not persuaded to pass any further order in favour of the petitioner who had left this writ petition dormant without prosecuting it for the last one decade.

The writ petition is, accordingly, dismissed without prejudice to the proceedings, if any, pending in any appropriate jurisdiction.

[Thottathil B. Radhakrishnan, C.J] [Arijit Banerjee, J.]