Mina Sarkar v. State Of West Bengal And ORS.

D/L 5 07.10.2024 Rohit ct.no.7 W.P.A. 20461 of 2024 Mina Sarkar

Versus

The State of West Bengal and others Mr. Indrajit Bhattacharjee Mr. Moloy Roy Chowdhury ...for the petitioner Mr. Apurba Kumar Ghosh ... for the respondent No.4 & 5 Mr. Suman Sengupta Mr. Anurith Panja Moulick ...for the State.

The petitioner alleges that no steps have been taken by the police authorities with regard to the allegation of the domestic violence inspite of the fact that a complaint has been made by the petitioner with the Officer-in-charge of Kalna Police Station by a letter dated 03.07.2024.

Affidavit of service filed in Court is taken on record. Inspite of service none appears for the State. Mr. Suman Sengupta, learned Advocate who usually represents the State is present in court and is requested to appear in this matter.

Let the

appointment of Mr. Sengupta along with his junior be regularized by the Legal Remembrance.

The petitioner is directed to serve a copy of this application upon Mr. Sengupta in course of this day.

Learned Advocate appearing for the private respondent submits that the complaint lodged by the petitioner is a counterblast to the complaint lodged by the private respondents. He further submits that there are several disputes between the private parties. Since a complaint has been lodged with the police authorities it is the duty of the police authorities to take steps in accordance with law. If the complaint discloses a cognizable offence the Officer-in-charge of the concerned police station shall take steps in accordance with law including registration of an FIR. In the event the said respondent decides against the registration of the FIR, the reasons there for are to be communicated to the petitioner within two weeks from the receipt of a server copy of this order.

It is further made clear that this Court has not gone into the merits of the complaint and the counter complaint made by the private parties. With the above observations and directions the writ petition stands disposed of.

No order as to costs.

Photostat certified copies, if applied for, be given to the parties upon compliance with all requisite formalities.

(Hiranmay Bhattacharyya, J.)