Mursalim Sk. v. State Of West Bengal And ORS.

W.P.A. 18122 of 2025 Mursalim Sk VS The State of West Bengal & Ors.

Mr. Tanmay Basu Ms. Ambika Sasmal ...for the Petitioner Mr. Suman Ghosh ...for the State.

Petitioner is aggrieved by the fact that in spite of 12.08.2025 Court No. 35 D/L. No.38 Rakib Beldanga Police Station case no. 401/25 being registered under Sections 85/103(1)/80/3(5) of the BNS and Section 3/4 of the D.P. Act, no steps have been taken by the police authorities. Petitioner's grievance is that no accused persons were arrested neither any sridhan articles were recovered. Further the children are in custody of the matrimonial home of the deceased. State has produced the Case Diary as also a report which reflects that the principal accused being the husband has already been arrested on 27.07.2025. Steps are being taken for tracing out the other accused persons, there has been seizures, so far as the issue relating to stridhan articles are concerned the list of articles are not part and parcel of the letter of complaint. Further it has been submitted that the progress of the investigation has been communicated to the petitioner on 7th of August, 2025.

Since the progress report has already been handed over to the de-facto complainant/informant who has set

the law into motion, if there are grievances in respect of the investigation, petitioner would approach the jurisdictional Magistrate for necessary reliefs. So far as the children are concerned, petitioner has to approach the Civil Court with specific prayers. This Court cannot enter into the zone, since it would be the Civil Court to decide the same.

Having regard to the present steps so taken and the investigation still continuing, I direct the investigating agency to put in further efforts, so that the investigation can be taken to its logical conclusion.

With the aforesaid observations WPA 18122 of 2025 is disposed of.

Case Diary be returned to the learned advocate appearing for the State.

Report so submitted by the State be kept with the record.

Copy of the report be handed over to the learned advocate appearing for the petitioner.

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.)