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Kalyan Saha & Anr vs Unknown on 2 August, 2017


Court 28 W. P. 19958 (W) of 2017

In the matter of : Kalyan Saha Anr.


Ms. Amrita Sinha,
Ms. Madhurima Sarkar …for the Petitioners.

Mr. Ashim Kr. Ganguly,
Mr. Bellal Sheikh …for the State.

Mr. Shibaji Kumar Das …for the Private Respd.
No.6 and 8.

Mr. Udayan Dutta …for the Private Respd.

Affidavit of service is taken on record.

Petitioners have approached this court

complaining that the private respondent no.6 being the

wife of the petitioner no.1 in collusion with the private

respondent no.7 had subjected them to undue

harassment, criminal intimidation and other criminal


Representations have been made to the police

authorities but no steps have been taken in the matter.

On the other hand, learned lawyer appearing for

the private respondent no.6 submits that she was

subjected to cruelty and harassment and, accordingly,

criminal case has been registered against the

petitioners. As and by way of counter-blast the instant

writ petition has been filed.

Report is filed on behalf of the State-respondents

wherefrom it appears that on the complaint of the

respective parties, criminal case being Chakdaha P.S.

Case No.368 of 2017 dated 20.6.17 under Sections

448/323/325/328/385/506/34 of the Indian Penal

Code has been registered against the private respondent

nos.6 and 7 and an earlier case being Chakdaha P.S.

Case No. 372 of 2017 dated 21.6.17 under Sections

498A/313/494 of the Indian Penal Code was registered

by the private respondent no.6 against the petitioners.

The report is taken on record. Copy of the said

report be handed over to the learned lawyers for the

appearing parties.

In view of the fact that case and counter case are

pending by and between the parties, I direct the

Investigating Agency to conduct the investigation in

both the cases in a fair and impartial manner and take

them to their logical conclusion in accordance with law.

The parties are at liberty to approach the criminal

court for ventilating their grievances in accordance with


The Officer-in-charge, Chakdaha Police Station,

however, shall ensure that there is no breach of peace

and tranquility in and around the premises at the

behest of the parties in any manner whatsoever.

With the aforesaid observations, the writ petition

is disposed of.

Since no affidavit has been called for, none of the

allegations shall be deemed to have been admitted by

the respondents.

Urgent Photostat Certified copy of this order, if

applied for, be supplied expeditiously after complying

with all necessary legal formalities.

(Joymalya Bagchi, J.)

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