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Kc Sri Chandan Khatua vs The State Of West Bengal & Ors on 27 August, 2019

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58
27.08.2019
W.P. No. 15432(W) of 2019
KC Sri Chandan Khatua
Vs.
The State of West Bengal Ors.

Mr. Anup Dasgupta.
… for the petitioners.

Ms. Pampa Dey (Dhabal).
… for the respondent no. 5.

Mr. Pantu Deb Roy
Mr. Subrata Guha Biswas.

… for the State.

Petitioner complains of police inaction.

Learned advocate for the petitioner submits that, the

complaint to the police dated January 16, 2019 discloses commission of

cognizable offence. The police are not registering the same as a First

Information Report (FIR).

State and the private respondents are represented.

There are matrimonial disputes between the petitioner and

the private respondent no. 5. There are two children born out of their

wedlock. The private respondent and the children are staying on their own.

Petitioner is not paying any maintenance for the private respondent no. 5

or his children. There is a proceedings under Section 125 of the Code of

Criminal Procedure pending before the appropriate Court. The petitioner

is deliberately avoiding service of the summons of such proceedings and is

not appearing therein.

Learned advocate for the respondent no. 5 makes over a
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copy of the petition under Section 125 of the Code of Criminal Procedure

to the learned advocate for the petitioner in Court. Learned Advocate for

the private respondent waives the service of the summons on the

respondent no. 5. The same will constitute service of summons on the

respondent no. 5 under Section 125 of the Code of Criminal Procedure.

Learned Court in seisin of such proceedings is requested to dispose of such

proceedings as expeditiously as possible treating the summons to be served

as on date on the respondent no. 5. If necessary, the Court in seisin of the

proceedings under Section 125 of the Code of Criminal Procedure will take

up the proceedings on a day to day basis to dispose of the same

expeditiously.

Learned advocate for the petitioner submits on instruction

that, the petitioner is ready and willing to pay maintenance of Rs.10,000/-

for his wife and children as an interim measure.

In such circumstances, the petitioner will deposit a sum of

Rs.80,000/- being the maintenance for the months of January 2019 to

August 2019, with the bank account of the respondent no. 5, details of

which will be provided by the learned advocate for the respondent no. 5 to

the learned advocate on record of the petitioner, within a fortnight from

date. The petitioner will deposit a sum of Rs.10,000/- per month

commencing from the month of September, 2019 and payable within 7th of

each month in such bank account. It is clarified that, this order of

maintenance is interim in nature. The learned Court in seisin of the

proceedings under Section 125 of the Code of Criminal Procedure as also

any other Court in seisin of any proceeding between the parties for
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fixation of maintenance are at liberty to decide on the quantum of

maintenance to be paid to the petitioner by the private respondent no. 5,

being uninfluenced by any observations of this Court.

Learned advocate for the State submits that, the police

received a complaint against the petitioner, inter alia, under Section 498A

of the Indian Penal Code and that the investigation with regard to is in

progress. The complaint of the petitioner was inquired into and on inquiry

the police learnt that the disputes between the private parties are civil in

nature.

In such circumstances, the police having taken measures as

noted above, no further interference is called for.

W.P. 15432(W) of 2019 is disposed of accordingly without

any order as to costs.

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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