Samir Das v. State Of West Bengal And ORS.

16.01.2025 W.P.A. 30657 of 2024 Item No.76 Ct. No.35 dc.

Samir Das versus The State of West Bengal & Ors.

Mr. Surojit Sinha Roy, Mr. Tapan Roy ... For the Petitioner.

Mr. Joydip Banerjee, Ms. Tuli Sinha ... For the State.

Mr. Swapan Kumar Mallick, Mr. Sabyasachi Mondal, Mr. A. S. Fazlul Karim, Mr. Soumen Pradhan, Mrs. Puja Naskar, Ms. Payel Khanra ... For the Respondent Nos.4, 6 to 8 & 10.

Mr. Anand Keshari, Ms. Swati Bhattacharyya ... For the Respondent No.5. Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The petitioner is aggrieved by inaction of the police authorities in respect of the information furnished to the local police station as well as Barrackpore Police Commissionerate. The main contention of the petitioner is that his wife has been trafficked and the police authorities on being informed are not taking steps.

State has submitted a report which encloses an e-mail of one Moushumi Das who is the respondent no.4 and wife of the petitioner. The contents of the mail reflect that the respondent

no.4 on her own free will is staying at her parental home.

In view of the report so submitted before this Court, I am of the opinion that the purpose for which the present writ petition has been filed calling for interference in respect of police inaction is unwarranted. However, the petitioner would be at liberty to approach any other statutory forum for reliefs which are available in law.

Learned advocate appearing for the respondent no.4 has opposed the contentions advanced on behalf of the petitioner and submitted that the respondent no.4 had left the home because of torture being inflicted and an existing matrimonial discord and dispute.

Learned advocate appearing for the respondent no.5 submits that the respondent no.5 is a neighbour who assisted the respondent no.4 and as such, has been impleaded as a party.

Be that as it may, in view of the report so submitted by the State and the observations made above, further direction in the present application is unwarranted.

With the aforesaid observations, the writ petition being WPA 30657 of 2024 is disposed of. There will be no order as to costs.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)