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Calcutta High CourtWPA/22660/2023dismissed

Rabi Shankar Mondal v. State Of West Bengal And ORS.

2023-11-23Hon'Ble Justice Jay Sengupta3 pages

Court No. 14 Item No.36 23.11.2023 (Suvendu) WPA 22660 of 2023 Rabi Shankar Mondal Vs.

The State of West Bengal & Ors.

Mr. Debarshi Brahma ..........for the petitioner Mr. Suman Ghosh Mr. S. Ghosh .......for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Report filed on behalf of the State is also taken on record.

Learned counsel appearing for the petitioner submits as follows. The petitioner is the father of the victim. On 21.07.2023, the son of the petitioner went missing. On the next date, the petition went to lodge a written complaint, but the respondent authorities refused to accept the same. The petitioner suspects that the family members of the girl with whom the petitioner was having an affair could be responsible for such incident of disappearance. On the contrary, on an allegation made by the mother of the said girl, Bishnupur Police Station Case No. 557 of 2023 was

registered under Sections 363, 366 and 34 of the Penal Code.

Learned counsel appearing for the State relies upon the report and submits as follows. The petitioner is only trying to establish a false case as a counter-blast to an earlier case started by the mother of the victim girl alleging that the petitioner's son had kidnapped the minor daughter of the informant therein. The report contains statements of witnesses of the neighbors in this regard.

I have heard the learned counsels appearing on behalf of the parties and have perused the writ petition and the report filed by the State.

It appears that the petitioner is trying to set up a narrative to counter to the previous allegation made by the mother of the minor victim girl that the petitioner's son had kidnapped her daughter. It appears that the same case is being investigated. Therefore, no case of police inaction is made out by the petitioner in the facts and circumstances of the instant case.

Accordingly, the writ petition is dismissed with no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Jay Sengupta, J.)