W.P. No. 15432(W) of 2019
KC Sri Chandan Khatua
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
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
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
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
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
(Debangsu Basak, J.)