Court 28 W. P. 19958 (W) of 2017
In the matter of : Kalyan Saha Anr.
Ms. Amrita Sinha,
Ms. Madhurima Sarkar …for the Petitioners.
Mr. Ashim Kr. Ganguly,
Mr. Bellal Sheikh …for the State.
Mr. Shibaji Kumar Das …for the Private Respd.
No.6 and 8.
Mr. Udayan Dutta …for the Private Respd.
Affidavit of service is taken on record.
Petitioners have approached this court
complaining that the private respondent no.6 being the
wife of the petitioner no.1 in collusion with the private
respondent no.7 had subjected them to undue
harassment, criminal intimidation and other criminal
Representations have been made to the police
authorities but no steps have been taken in the matter.
On the other hand, learned lawyer appearing for
the private respondent no.6 submits that she was
subjected to cruelty and harassment and, accordingly,
criminal case has been registered against the
petitioners. As and by way of counter-blast the instant
writ petition has been filed.
Report is filed on behalf of the State-respondents
wherefrom it appears that on the complaint of the
respective parties, criminal case being Chakdaha P.S.
Case No.368 of 2017 dated 20.6.17 under Sections
448/323/325/328/385/506/34 of the Indian Penal
Code has been registered against the private respondent
nos.6 and 7 and an earlier case being Chakdaha P.S.
Case No. 372 of 2017 dated 21.6.17 under Sections
498A/313/494 of the Indian Penal Code was registered
by the private respondent no.6 against the petitioners.
The report is taken on record. Copy of the said
report be handed over to the learned lawyers for the
In view of the fact that case and counter case are
pending by and between the parties, I direct the
Investigating Agency to conduct the investigation in
both the cases in a fair and impartial manner and take
them to their logical conclusion in accordance with law.
The parties are at liberty to approach the criminal
court for ventilating their grievances in accordance with
The Officer-in-charge, Chakdaha Police Station,
however, shall ensure that there is no breach of peace
and tranquility in and around the premises at the
behest of the parties in any manner whatsoever.
With the aforesaid observations, the writ petition
is disposed of.
Since no affidavit has been called for, none of the
allegations shall be deemed to have been admitted by
Urgent Photostat Certified copy of this order, if
applied for, be supplied expeditiously after complying
with all necessary legal formalities.
(Joymalya Bagchi, J.)