Gita Rani Kundu And ORS v. State Of West Bengal And ORS.
08.09.2022.
Court No.13 Item No. 83 ap W.P.A. No. 17081 of 2022 Gita Rani Kundu & Ors.
Versus
The State of West Bengal & Ors.
Mr. Balai Lal Sahoo, Mr. S.P. Roy.
...For the petitioners.
Mr. Sounak Bhattacharya, Mr. Sounak Mandal.
...For the respondent nos.6 & 7.
Mr. Amal Kumar Sen, Ms. Ashima Das (Sil).
...For the State.
Mr. Partha Pratim Roy, Mr. Anirban Das.
...For the respondent nos.9 to 16.
Affidavit-of-service filed in Court today be taken on record.
The petitioners are aggrieved that Basanti Police Station has not taken any steps against the private respondents in respect of a joint family property despite the complaint dated 27th April, 2022. The petitioners have also addressed a complaint to the Superintendent of Police, South 24 Parganas.
It appears from the instructions of that Basanti Police Station addressed to the State Advocate dated 7th August, 2022 that proceedings under Sections 107 and 116 of the Code of Criminal Procedure have been taken out against the petitioners' complaint. Further on the complaint of the petitioner no.5, Asit Roy Majhi dated 20th June, 2022 a G.D., entry was made and
proceedings under Sections 107 and 116 of the Code of Criminal Procedure have been taken out against the private respondent no.5.
This Court is of the view that there is no inaction on the part of that Basanti Police Station. However, if the petitioners are of the view that there is any further step to be taken by the Basanti Police Station, they may approach the jurisdictional Magistrate under Section 156(3) of the Code of Criminal Procedure. Basanti Police Station shall ensure that there is absolutely no breach of peace in the area.
The instructions of the Inspector-in-charge, Basanti Police Station addressed to the State Advocate dated 7th August, 2022 is taken on record.
With the aforesaid observations, 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.)