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645. 10.04.2017 W.P. 9315 (W) of 2017
Aloke Ct. No.28
Tarpan Kanti Chakraborti Anr.
Versus
The State of West Bengal Ors.
Mr. Debdutta Basu
Mr. Avijit Ghosh
… for the petitioners
Mr. Ghalib
Mr. Golam Mohammad
… for the State
Mr. Saikat Chatterjee
… for the respondent
nos. 4, 5 and 6
It is submitted on behalf of the petitioners that
the private respondents had manhandled them and
had subjected them to physical assault and ill
treatment.
Representations have been made to the police
authorities but yielded no results.
Learned counsel for the State submits report
wherefrom it appears that on the complaint of the
private respondents no. 4 criminal case was registered
against the petitioners in Rampurhat P.S. Case No.
84/17 dated 17.03.2017 under Section 498A/34 of the
Indian Penal Code and Sections 3 4 of the Dowry
Prohibition Act. Report be kept with the record. Copy
of the report be handed over to the learned advocates
for both the parties.
In view of the materials on record the allegations
of the petitioners appear to be a counter case to the
earlier criminal case registered against them at the
behest of the respondent no. 4. It is, therefore, open to
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the petitioners to approach the criminal court under
Section 156(3)/200 Cr.P.C. for necessary redress in
accordance with law.
I, however, make it clear that I have not
expressed any opinion as to the merits of the
allegations levelled by the parties inter se which is left
open to be decided by the criminal court independently
and in accordance with law.
With the aforesaid observations, the petition is
disposed of.
Since no affidavits have been called for, none of
the allegations shall be deemed to have been admitted
by the respondents.
(Joymalya Bagchi, J.)
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