Bidyut Chakraborty v. State Of West Bengal And ORS.

19.10.2023 Item No.01 Court No.11 Avijit Mitra WPA (H) 71 of 2023 In re: An application under Article 226 of the Constitution of India;

And Bidyut Chakraborty -versus- The State of West Bengal & ors.

Mr. Apurba Ghosh, Mr. Souvik Das ....for the Petitioner Mr. Debabrata Chatterjee, Ms. Amrita Panja Moulick ...for the State Affidavit of service filed by the petitioner be kept on record.

Mr. Das, learned advocate appearing for the petitioner submits that the petitioner, namely, Bidyut Chakraborty (in short, Bidyut) married Rimpa Chakraborty (in short, Rimpa). They were blessed with a male child, who is presently aged about 7 years. They were peacefully residing at the address given in the cause title. He further submits that Rimpa went missing on and from 9th October, 2023. Such fact was intimated to the local police Station but no steps were taken. As such the petitioner submitted a further representation to the police authorities on 10th October, 2023 but in vain. Aggrieved by such inaction on the part of the police authorities Bidyut has approached this Court.

Ms. Panja Moulick, learned advocate appearing for the State respondents denies the contention of Mr. Das

and submits that there was a matrimonial dispute between Bidyut and Rimpa. Alleging that she had been tortured and had been driven out of her matrimonial house, Rimpa lodged a complaint which was registered as Galsi Police Station Case No.610 of 2023 dated 09th October, 2023 under Sections 498A/406 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

In course of investigation, it was found that Rimpa was residing along with her child in a rented flat at Ghatak Building, Galsi Bazar, Police Staiton Galsi, District Burdwan. Let the written instruction, as produced, be kept on record.

Heard the learned advocates appearing for the respective parties and considered the materials on record. We do not find any material on record to infer any illegal detention. Rimpa, an adult lady, is residing along with her child at the place mentioned hereinabove. In view thereof, no further interference is called for in the present habeas corpus petition being WPA (H) 71 of 2023 and the same is dismissed.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.

(Siddhartha Roy Chowdhury, J.) (Tapabrata Chakraborty, J.)