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23.03.2017
622.
as

                          W.P.6729 (W) of 2017

      Smt. Priyanka Chakraborty (Dev)
                   Versus
       The State of West Bengal  Ors.

                  Mr. Partha Pratim Kanjilal,
                  Mr. Anubhov Kanjilal.
                               ...for the Petitioner.

                  Mr. Sakya Sen,
                  Mr. Bellal Shaikh.
                                ...for the State.


      It is submitted on behalf of the petitioner that the private respondent has

subjected her mental and physical torture arising out of a matrimonial dispute

and accordingly she has lodged complaints with the police station resulting in

registration of Barrackpore Women Police Station Case No.14 of 2014 dated

11.10.2014 under Sections 498A/406 of the Indian Penal Code. Effective

investigation was not carried out in the said proceeding and she is being

disturbed by the private respondents. In order to cover their misdeeds, the

private respondents have lodged a false case being Naihati Police Station Case

No.104 dated 18.2.2017 under Sections

323/325/342/352/357/380/384/386/448/451/452/506/34 of the Indian

Penal Code and Sections 25/27 of the Arms Act against her.

Report is filed on behalf of the police authorities wherefrom it appears that

steps have been taken on the basis of the complaints lodged by both the parties.
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The said report be kept with the record. Copy of the said report be handed over

to the learned Advocate appearing for the petitioner.

In view of the controversy as depicted above, it is open to the petitioner to

participate in Barrackpore Women Police Station Case No.14 of 2014 dated

11.10.2014 as a victim of the crime and ventilate her grievances therein in

accordance with law. She is also at liberty to appear in the criminal case

registered against her and raise all just defences in accordance with law.

However, in view of the pendency of the proceedings before the criminal

court, I am of the opinion that entertaining of the writ petition over the

matrimonial dispute of the parties is unwarranted.

With the aforesaid observation, the writ petition is disposed of.

Since no affidavit-in-opposition has been called for, the allegations made in

the writ application deemed not to have been admitted by the respondents.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, shall be given to

the parties, as expeditiously as possible on compliance of all necessary

formalities.

( Joymalya Bagchi, J.)
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