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Calcutta High CourtWPA/23099/2022disposed

Madhumita Saha Mondal v. State Of West Bengal And ORS.

2023-04-12Hon'Ble Justice Rajasekhar Mantha2 pages

12-04-2023 ct no. 13 Sl.39 pk WPA 23099 of 2022 Mrs. Madhumita Saha (Mondal) -VersusThe State of West Bengal & Ors.

Mr. Malay Bhattacharyya, Mr. Subhrojyoti Ghosh ....for the petitioner Mr. Subhabrata Datta, Mr. Sanatan Panja ...for the State The petitioner complains of alleged inaction on the part of the Mohanpur Police Station, Barrackpore Police Commissionerate in respect of a complaint of being ousted from her husband's property. She also claims that she is not being allowed to enter into the joint family house. The petitioner's husband is presently posted in the Army at New Delhi.

Having regard to the facts and circumstances of this case, this Court is of the view that the dispute is primarily civil in nature.

In the event of any criminality in this regard that has not been disclosed in the complaint, the petitioner may file fresh complaint and thereafter take steps under Section 156(3) of the Cr. P.C. With the aforesaid observations, the instant writ petition shall stand disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)