Guddi Shaw vs State Of West Bengal & Ors on 3 May, 2017

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03.05.17
Sl. No. 567
akd
W.P. 11755(W) of 2017
[Guddi Shaw -Vs- State of West Bengal Ors.]

Mr. Partha Pratim Kanjilal,
Mr. Anubhov Kanjilal
… … for the petitioner

Mr. Sandipan Ganguly,
Mr. Debajyoti Deb,
Mr. Shyamal Mondal
… … for the respondent

no.10

Mr. Moinak Bakshi
… … for the respondent
no.11

Mr. Jishnu Chowdhury,
Ms. Syeda Fouzana Hossain
… … for the State

Petitioner complains of various acts of domestic violence perpetrated upon her by

the private respondent nos.10 11 herein. It is her grievance that inspite of various

complaints lodged with the police authorities, no steps have been taken in the matter.

Proceeding under Section 12 of the Protection of Women from Domestic Violence Act has

also been instituted.

Report is filed on behalf of the State-respondents wherefrom it appears that on the

complaint of the petitioner Amherst Street P.S. Case No. 332 dated 17th October, 2016,

under Sections 498A/406/307/34 IPC and Sections 3/4 of the Dowry Prohibition Act has

been registered against the private respondent no.10 herein and other in-laws. The

mother of the petitioner has also lodged a criminal case against the private respondent

no.10 herein being Amherst Street P.S. Case No. 74 dated 24th March, 2017 under
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Sections 341/323/506/379 of the Indian Penal Code. Charge-sheet has been filed in the

said case. On the other hand, a criminal case has been registered against the petitioner

by the private respondent no.10 herein being Amherst Street P.S. Case No. 58 dated 10th

March, 2017 under Section 325 IPC and Section 75 of the Juvenile Justice (Care

Protection) Act. Another criminal case being Amherst Street P.S. Case No. 71 dated 22nd

March, 2017 under Section 387 IPC has also been registered against the brother of the

petitioner by the private respondent no.10 herein. The said report be kept with the record.

It appears that there are cases and counter-cases lodged by and between the

parties over a matrimonial dispute between the petitioner and respondent no.10 herein.

Parties are at liberty to appear before the criminal court and seek necessary redress in

accordance with law. It has been complained that there is a continual threat upon the

petitioner at her matrimonial home and acts of domestic violence are being perpetrated

upon her. I find that the petitioner has already approached the learned Magistrate under

Section 12 of the Protection of Women from Domestic Violence Act. In the event private

respondent nos.10 and 11 herein perpetrate acts of domestic violence upon the petitioner,

as alleged, it shall be open to her to seek interim relief before the learned Magistrate in

accordance with law. Needless to mention that any order passed by the said judicial

authority shall be implemented by the police authorities in accordance with law with

utmost promptitude.

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

I make it clear that I have not expressed any opinion with regard to the plea of the

respective parties which is kept open to the decided by the appropriate judicial authority in

accordance with law.

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

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

There shall be no order as to costs.

Photostat certified copy of this order, if applied for, be given to the parties on usual

undertaking.

(Joymalya Bagchi, J.)

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