← Library
Calcutta High CourtWPA/18658/2022disposed

Mir Haider Ali And ANR v. The State Of West Bengal And ORS.

2023-06-27Hon'Ble Justice Rajasekhar Mantha2 pages

27.06.2023.

Court No.13 Item No. 262 ap W.P.A. No. 18658 of 2022 Mir Haider Ali & Anr.

Versus

The State of West Bengal & Ors.

Mr. Sanjay Mukherjee.

...For the petitioner.

Mr. Suman Banerjee, Mr. Sujoy Sarkar, Mr. Rahul Chauhan.

... For the respondent no.6.

1. The petitioner no.1 complains that the Labpur Police have assaulted him and his son and have obtained their signatures on blank documents forcing him to admit that the private respondent no.6 is the lawful wife of the petitioner no.2.

2. It appears from the records that by a judgment and decree dated 28th March, 2019 passed in Title Suit No. 17113 of 2012, the learned Civil Judge (Junior Division) 6th Court, Alipore has declared the marriage between the petitioner no.2 and the private respondent no.6 is illegal, invalid and void.

3. It further appears from the records that thereafter two FIRs registered against the petitioner at the instance of the private respondent have been quashed by a Co-ordinate Bench of this Court in C.R.R. No. 388 of 2017 and C.R.R. No. 3310 of 2013.

4. This Court is of the view that the Superintendent of Police, Birbhum District should cause an enquiry into

the allegations and complaint dated 10th August, 2022 against the Officer-in-charge, Labpur Police Station, Partha Sarathi Mukherjee, Sub-Inspector of Police, Hasib Hasan and P/S.I. of Police Ashraful Sk.

5. The petitioner may be heard in person.

6. Let a copy of the instant writ petition along with a copy of this order be transmitted to the Superintendent of Police, Birbhum for consideration as directed hereinabove.

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

8. There will be no order as to costs.

9. 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.)