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Judgments of Supreme Court of India and High Courts

Pinki Mondal vs The State Of West Bengal & Ors on 12 February, 2018

1

22. 12.02 W.P. 1571 (W) of 2018
Sd3 2018
Pinki Mondal.
Versus
The State of West Bengal Ors.

Mr. Indrajit Roy Chowdhury
Mr. Joydipta Mandal
…for the petitioner
Mr. Gangopadhyay
…for the respondent no.4

Mr. Jyati Prakash Chatterjee
Ms. Joyee Maiti
…for the State.

The complain is one of Police inaction.

Learned advocate for the petitioner submits that, a

complaint under Section 498A of the Indian Penal Code

has not been investigated into. He also draws the

attention of the Court to the fact that, Stridhan articles

have not been returned by the petitioner till date.

The State and the private respondents are

represented.

With regard to the Stridhan articles, learned

advocate for the private respondents was asked to take

instructions and facilitate the return of the same. In

order to facilitate the same, the writ petition was

adjourned twice.

Learned advocate for the private respondents on

instructions submits that, the private respondents do not

have any Stridhan articles lying with him. In fact, the

petitioner did not bring any Stridhan articles, as

enumerated in the writ petition or otherwise at her

marraige . On a query from the Court as to whether the

marriage was arranged or not, learned advocate for the

private respondent submits that, it is an arranged

marriage.

2

The articles which are enumerated in page 21 of the

writ petition as Stridhan articles are articles which any

Hindu woman brings with her at the time of her marriage.

The contention of the petitioner is that, the articles

mentioned in page 21 of the writ petition were not brought

by the petitioner is disbelieved.

Learned advocate for the State submits that, apart

from the husband, all other accused in the criminal

proceedings are on bail. The husband is yet to respond to

the notices under Section 41A of the Criminal Procedure

Code.

In such circumstances, it appears that, the

husband of the petitioner is trying to avoid the due

process of law. The investigating authority is at liberty to

undertake custodial interrogation of the petitioner, if

required.

The Police Authorities are directed to recover the

Stridhan articles enumerated at page 21 of the of the writ

petition as expeditiously as possible, and, in accordance

with law.

List the writ petition on February 28, 2018 under

the same heading for further consideration.

Urgent certified Website copy of this order, if

applied, be supplied to the parties, upon compliance of all

requisite formalities.

(Debangsu Basak, J.)

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