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Calcutta High CourtWPA/17045/2021disposed

Srabani Mishra v. State Of West Bengal And ORS.

2021-12-13Hon'Ble Justice Rajasekhar Mantha2 pages

13.12.2021.

Court No.13 Item No. 45 ap W.P.A. No. 17045 of 2021 (Through Video Conference) Smt. Srabani Mishra

Versus

The State of West Bengal & Ors.

Mr. Anil Kumar Chattopadhyay, Ms. Moumita Chatterjee.

...For the petitioner.

Despite notice, none appears on behalf of the respondents. Affidavit-of-service filed in Court today be taken on record.

The writ petitioner is aggrieved by the fact that despite having lodged a complaint with the Officer-incharge, Purulia Town Police Station, Superintendent of Police, Purulia and other authorities on 20th August, 2021, investigation has not commenced.

The brief facts of the case are that the petitioner got married to one Somnath Mishra who represented that he was an officer of the National Investigation Bureau. This was proved false. The petitioner upon confronting the husband was tortured physically and mentally and was compelled to leave the marital home. It is submitted that after receiving a copy of the writ petition on 26th November, 2021, the petitioner received a notice issued under Section 91 (1) of the Code of Criminal Procedure asking her to produce documents.

In that view of the matter subject to the petitioner co-operating in the investigation, let Purulia Town Police Station Case No. 209 of 2021 dated 06.11.2021 under Sections 498A()/406/417/170/171 of the Indian Penal Code be investigated and final report be submitted before the jurisdictional Magistrate within a period of two months from the date of communication of a copy of this order.

The petitioner shall be furnished with a copy of the final report.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)