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Judgments of Supreme Court of India and High Courts

Nidhi Chitlangia Nee Bahety vs Unknown on 3 August, 2017

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724 03.08.2017
AB Court 28
W. P. 20242 (W) of 2017

In the matter of : Nidhi Chitlangia nee Bahety

…Petitioner.

Mr. Diptangshu Basu …for the Petitioner.

Mr. Amar Mondal,
Ms. Sharmila Deb …for the State.

Mr. Arindam Sen,
Ms. Juin Dutta Chakraborty …for the Private
Respd. Nos.5 to 9.

Affidavit of service is taken on record.

Petitioner submits that the investigation in Lake

Town P.S. Case No.49 of 2017 dated 23.03.2017 under

Sections 498A/406/354 of the Indian Penal Code is not

being conducted properly.

Report is filed on behalf of the State-respondents

wherefrom it appears that investigation is in progress.

It also appears that a prayer for transfer of

investigation was made before the concerned

Magistrate. Prayer has also been made for addition of

Section 4 of the Dowry Prohibition Act with the offences.

The report is taken on record. Copy of the said
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report be handed over to the learned lawyer for the

appearing parties.

Learned lawyer appearing on behalf of the private

respondent nos.5 to 9 denies and disputes the

allegations levelled against them and submits that his

clients are ready and willing to hand over the articles

belonging to the petitioner.

In view of such facts, I direct the Investigating

Agency to take necessary steps to seize the articles

belonging to the petitioner and hand over the same to

her on execution of bond subject to further orders that

may be passed in that regard by the learned Magistrate.

Parties are also at liberty to approach the learned

Magistrate and ventilate their grievances therein in

accordance with law.

Further report with regard to progress of

investigation be filed before this court on the next date

of hearing.

Let this matter appear under the heading “Motion”

four weeks hence.

The parties are directed to cooperate with the

Investigating Agency in the aforesaid matter.
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(Joymalya Bagchi, J.)

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