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9.01.18 vs Sl-26 The State Of West Bengal & Ors on 9 January, 2018


W.P. No.31275 (W) of 2017
Smt. Dipali Das
09.01.18 v.
SL-26 The State of West Bengal Ors.
(S.R.) Mr. Himadri Barua
Mr. Hiranmay Paik … for the petitioner.

Mr. Ashim Kumar Ganguly
Ms. Sukla Das Chandra … for the State.

Mr. Suman Saha
… for the respondent nos.6 8 to 15.

Affidavit of service filed in Court be kept with the


The petitioner seeks a direction upon the police

authorities to facilitate the return of the petitioner to her


Learned advocate for the petitioner submits that,

the police are not taking steps in respect of her complaint

lodged with the police authorities and a direction passed

by the Additional Chief Judicial Magistrate.

The State and the private respondents are


Learned advocate for the private respondents

submits that, the petitioner along with her daughter used

to beat up the daughter-in-law. A criminal complaint was

lodged. There are proceedings under Section 498A and

under Section 125 of the Criminal Procedure Code

pending against the petitioner. Villagers had intervened.

The petitioner, therefore, had filed a proceeding against

the villagers also.


Learned advocate appearing for the State submits

that, the complaint made by the petitioner has since been

registered as a FIR and has ended in a charge-sheet.

The issues raised in the writ petition are such that,

an opportunity should be afforded to the respondents to

file affidavits.

Let affidavit-in-opposition be filed within four weeks

from date. Reply thereto, if any, be filed within two weeks


The writ petition will be treated as ready for hearing

immediately on completion of the time stipulated for filing

of such affidavits.

Liberty is given to the parties to mention for early


Urgent certified website copies of this order, if

applied for, be made available to the parties upon

compliance of the requisite formalities.

(Debangsu Basak, J.)

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