Tapan Barua v. State Of West Bengal And ORS.

W.P.A. 18092 of 2025 Tapan Barua VS The State of West Bengal & Ors.

Mr. Dipayan Kundu ...for the Petitioner Mr. Dipanjan Dutta Mr. Debasish Kar ...for the State.

Affidavit-of-service filed by the petitioner be kept 12.08.2025 Court No. 35 D/L. No.37 Rakib with the record.

Petitioner approached this Court as representation made to the police authorities was not considered. Learned advocate submits that there was an earlier marriage wherein the wife was not traceable, pursuant to which there was an ex parte divorce and subsequently the petitioner has been subjected to threats of assault and murder.

State has submitted a report. Report reflects that proceedings under Section 126 of the BNSS have been drawn up under the relevant provisions of law. In view of the nature of the accusations made and the genesis being a matrimonial dispute, petitioner would approach the jurisdictional Magistrate under the relevant provisions of law. Learned Magistrate will assess and ascertain relating to the genuinity of the allegations and thereafter pass necessary directions as he deems fit and proper.

With the aforesaid observations WPA 18092 of 2025 is disposed of.

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.)