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Calcutta High CourtWPA/10060/2020disposed

Ansura Bibi v. State Of West Bengal And ORS.

2021-04-09Hon'Ble Justice Hiranmay Bhattacharyya3 pages

23.

09.04.2021.

Ct. No. 7.

F.B.

WPA 10060 of 2020 Ansura Bibi -Vs.- The State of West Bengal & Ors.

Mr. Dwijadas Chakraborty, Mr. Nabiul Islam, Mr. Sk. Sujauddin ..... For the Petitioner.

Mr. Pantu Deb Roy, Mr. Pannalal Bandyopadhyay ..... For the State.

The respondent no. 4 is the husband of the writ petitioner and the respondent no. 5 is her son. The petitioner made complaints before the police authorities on 13th August, 2020 and 1st September, 2020 alleging that the respondent no. 4 created a forged deed in respect of her personal property and taking advantage of the same the writ petitioner was assaulted with deadly weapons and she was forcibly ousted from her property by the respondent nos. 4 and 5.

The grievance of the petitioner is that though FIRs were registered on the basis of the aforesaid complaints made by the petitioner but the police

authorities are sitting tight over the matter and the investigation has not proceeded even an inch. Mr. Deb Roy, the learned Advocate for the State submits that on the basis of the complaint dated 13th August, 2020 a cognizable case has been started being Murshidabad Police Station Case No. 123 of 2020 under Sections 341/325/307/34 of the Indian Penal Code. He further submits that on the basis of the other complaint a Murshidabad Police Station Case No. 365 of 2020 dated 1st September, under Sections 448/325/307/34 of the Indian Penal Code has been registered. He further submits that the accused i.e. the respondent no. 4 was arrested after completion of investigation and the concerned Investigating Officer has submitted Charge Sheet vide CS No. 395 of 2020 dated 13th September, under Sections 448/323/506 of the Indian Penal Code.

Since the police authorities have already taken steps on the basis of the complaint of the petitioner and also that the Charge Sheet has also been submitted, the allegation made by the petitioner of police inaction is without any basis.

In view thereof no further relief can be granted to the petitioner in the instant writ petition.

Accordingly, WPA 10060 of 2020 is disposed of without however any order as to costs.

All parties shall act in terms of the copy of the order downloaded from the official website of this Court. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Hiranmay Bhattacharyya, J.)