Chitradip Das v. State Of West Bengal And ORS.

Sl.No.

05.12.2024 WPA 28382 of 2024 Court No. 35 G.S.Das Chitradip Das -VsThe State of West Bengal & Ors.

Mr. Amritan Mandal Ms. Jeenia Rudra ... for the petitioner(s) Mr. Suman Ghosh Ms. Munmun Tewary ... for the State-respondent(s) Affidavit of Service so filed be kept with the record.

The petitioner and the private respondent no.4 are in a bitter matrimonial relationship.

Subsequently, number of complaints have been filed with the police authorities.

The petitioner claims that he was forced to sign the HRA Form. The petitioner also contends that the respondent no.4 has also taken steps for interruption of his salary with a vindictive

approach.

A report has been submitted by the learned advocate for the State.

Prima facie, there are records, particularly, the documents so enclosed, which reflects that within a few months of marriage, disputes and differences arose between the petitioner and the private respondent no.4 - both of whom happens to be school teachers.

Report submitted by the police authorities reflects that the respondent no.4 also lodged a complaint at the police station on 16.08.2024 alleging that the petitioner was creating serious mental pressure on her by sledging and/or blackmailing and compelled her to leave her in law's house as also forced her to live separately. The same has been diarized at Habibpur P.S.

Prima facie, it also reflects that there is matrimonial discord for which the husband and the wife both are complaining to the police authorities.

However, till date, no case in respect of any cognizable offence has been registered on the complaint of the petitioner by the police authorities. The nature of the accusations on which emphasis has been made relates to service.

The petitioner is granted liberty to approach the jurisdictional court with appropriate documents in his custody by way of invoking Section 175(3)/223 of the BNSS. The learned Magistrate will consider the same in its proper perspective by applying his mind and, thereafter, exercise his discretion in accordance with law.

With the aforesaid observations, WPA 28382 of 2024 is disposed of.

Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)