Santi Devi @ Santi Devi Prasad And ORS v. State Of West Bengal And ORS.

04.07.2025

IN THE HIGH COURT AT CALCUTTA

Item No.6 CIRCUIT BENCH AT JALPAIGURI Ct. No. 4 KB WPA/1218/2025 SANTI DEVI @ SANTI DEVI PRASAD AND ORS VS STATE OF WEST BENGAL AND ORS.

Mr. Arnab Sengupta, Mr. Deborshi Dhar, Mr. Nirnay Dutta, Mr. Rajat Ch. Singha, Ms. Taniya Bhowmick ...for the petitioners.

Mr. Nabankur Paul, Mr. Bedashruti Bose ...for the State.

The petitioner has approached this Court seeking issuance of a writ of mandamus directing police authorities "to take appropriate measures for protection of life and liberty of the petitioners and to ensure the safety and security of life and limb of the petitioners at all times;". It appears that there is a dispute between the petitioners on the one hand and the respondent nos. 6, 7, 8 and 9 on the other. The learned Advocate appearing for the State respondents has handed up to Court a copy of instruction/report forwarded to the learned Advocate by the Inspector-in-Charge, Pradhan Nagar Police Station/SPC, wherefrom it appears that both the petitioner no. 2 as well as the respondent no. 6

have lodged criminal complaints. As regards the complaint lodged by the petitioner no. 2, the report/instruction evinces that on the basis of a complaint dated May 7, 2025 filed by the petitioner no. 2, Pradhan Nagar P.S Case no.

317/2025 dated May 7, 2025 has been initiated under Sections 126 (2)/117 (2)/74/324 (4)/351

(2) (3)/3 (5) of the B.N.S and investigation has been completed.

The said report further reveals that upon completion of investigation, concerned investigating officer has also submitted chargesheet. It is further evident from report/instructions that out of the three FIR named accused persons i.e. respondent nos. 3, 7 and 8, two have been enlarged on bail.

Insofar as the complaint lodged by the respondent no.

is concerned, report/instruction reveals that said respondent had lodged a complaint before the Pradhan Nagar Police Station on April 28, 2025 which led to the initiation of Pradhan Nagar P.S Case No. 299/2025 dated April 30, 2025 under Sections 85/117(2)/351(2) (3)/3(5) of the B.N.S read with Sections 3/4 of Dowry Prohibition Act. The report/instruction further evinces that investigation in such case is underway.

The said report/instruction also evinces that the respondent no. 9 got married with the respondent no. 6 and a matrimonial dispute is going on between the said parties. It is further apparent from the report/instruction that on the date of their marriage i.e. on June 8, 2025, the respondent no. 6 had lodged an FIR with Siliguri Women Police Station against the respondent no. 9 whereupon the respondent no. 9 was arrested in connection with Siliguri Women P.S Case no.

100/2022 dated June 8, 2022 under "Sections 498A/406/506, I.P.C" read with Sections 3/4, Dowry Prohibition Act.

Let such report/instruction be kept on record. It is therefore apparent from report/instruction that the police has taken action on the complaints filed by both the parties.

Therefore, no further order is required to be passed on this writ petition save and except that the police authority shall maintain strict vigil at the locale and ensure that peace prevails over there and there is no loss of lives and property of either the petitioners or the private respondents. Accordingly, WPA no. 1218 of 2025 stands disposed of.

(Om Narayan Rai, J.)