22. 12.02 W.P. 1571 (W) of 2018
The State of West Bengal Ors.
Mr. Indrajit Roy Chowdhury
Mr. Joydipta Mandal
…for the petitioner
…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
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
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
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
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
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
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
(Debangsu Basak, J.)