Rekha Das v. State Of West Bengal And ORS.
12.11.2024 Ct. No. 35 rrc WPA 15000 of 2023 (Smt. Rekha Das Vs. The State of West Bengal & Ors.) Mr. Dilip Kr. Saha Mr. Suman Chattopadhyay Mr. Dhriti Das .... For the petitioner Mr. Santanu Kumar Mitra Mr. Amartya Pal .... For the State Mr. Rajkrishna Mondal ..... For the private respondent On 31st July, 2023 a coordinate Bench of this Court was pleased to direct the State to effect service and intimate the respondent no. 4 and submit a report. A report has been submitted.
Accordingly, learned advocate for the respondent no. 4 is present.
The subject matter of the writ petition relates to recovery of streedhan properties.
Records reflected that divorce was granted in the year 2017 in Mat Suit No. 46318 of 2014 by an order dated 31st July, 2017 by the learned Additional District & Sessions Judge, 4th Court, Barasat. More than six years have passed in the meantime.
However, having regard to the anxiety expressed by the petitioner and the reasons so assigned for the delay, I grant liberty to the petitioner to approach the jurisdictional Court under Section 223 of the Bharatiya
Nagarik Suraksha Sanhita. The learned jurisdictional criminal Court will assess the issue canvassed and exercise its discretion and proceed in accordance with law.
With the above observations, WPA 15000 of 2023 is disposed of.
Report so submitted by the State be kept with the record.
There shall be no order as to costs.
All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)