Sudipa Saha v. State Of West Bengal And ORS.

16.10.2023 sayandeep Sl. No. 598 Ct. No. 14 WPA 16575 of 2023 Sudipa Saha -versus- The State of West Bengal & Ors.

Mr. Abhijit Sarkar ...... for the petitioner Mr. Ansar Mondal Mr. M.D. Idrish Mr. Sujit Chatterjee .....for the State Mr. Subrata Bhattacharya Mr. Atanu Basu Mr. I. Dutta .....for the respondent No. 4 Affidavit-of-service filed on behalf of the petitioner is taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the wife of the private respondent. The private respondent inflicted torture upon the petitioner and did not even maintain her. This prompted the petitioner to file different proceedings including an application for maintenance under Section 125 of the Cr.P.C. An order was passed in her favour. Distress warrant was issued, failing which a warrant of arrest was issued against the petitioner. But, days have gone passed. The State has not been able to execute the warrant of arrest. Learned counsel appearing on behalf of the State submits that the concerned police officer has prayed

for issuance of another warrant of arrest as the copy of the warrant of arrest issued earlier was not made available to him.

Learned counsel appearing for the private respondent submits as follows. The allegations made in the writ petition are denied. A criminal revisional application has been filed in respect of the order granting maintenance allowance. In fact one day when the private respondent went to visit the petitioner at her place some obnoxious chemical was thrown at him. A case was registered and the petitioner had to be in custody for about 40 days.

It does not appear that the order granting maintenance allowance or for that matter the order passed in the execution case has been stayed by any Court.

It is also quite surprising that although private respondent could be represented by a learned advocate in this matter, the police could not, till now, trace out the petitioner for executing the warrant of arrest. In the event there is some irregularity in transmission of the warrant of arrest to the police officer to execute, let the same be corrected, whether by issuance of a fresh warrant of arrest or otherwise. Let the respondent police authorities act expeditiously and in accordance with law.

With these observations, the writ petition is disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Jay Sengupta, J.)