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Rupchand Roy & Ors vs The State Of West Bengal & Ors on 5 April, 2017

1

05.04.2017
721.
as

W.P.9307 (W) of 2017
Rupchand Roy Ors.
Versus
The State of West Bengal Ors.

Md. Harun Al Rashid.

…for the Petitioners.

Mr. Jyotiprakash Chatterjee,
Mr. Atarul Haque Molla.

…for the State.

Mr. Bharat Chandr Simai.

…for the Respondent Nos.6 to 8.

It is submitted on behalf of the petitioners that the private respondent No.8

being his wife had come to his residence and had threatened him with dire

consequences. In spite of representations made to the police authorities, no

steps have been taken.

Learned Advocate appearing for the private respondent No.8 submits that

she was subjected to mental and physical torture and on 27.9.2016, petitioners

tried to kill her by strangulation and subsequently she was driven out from the

matrimonial home. Criminal case has been registered at her behest.

Report is filed on behalf of the State respondents wherefrom it appears that

on the complaint of the private respondent no.8, Basirhat P.S. Case No.1549

dated 31.12.2016 under Sections 498A/406/323/307/506/34 of the Indian

Penal Code and under Section 4 of the Dowry Prohibition Act has been registered

for investigation against the petitioners. Petitioner no.3 was arrested and
2

subsequently released on bail. Other petitioners have also released on bail. The

said report be kept with the record. Copy of the report be handed over to the

learned Advocate appearing for the petitioner and the private respondents.

In view of the aforesaid facts, I observe that it shall be open to the

petitioners to approach the appropriate criminal court for necessary remedy in

accordance with law, if so advised.

However, investigation against the petitioners shall continue with utmost

expedition and be concluded at an early date.

Since no affidavit-in-opposition has been called for, the allegations made in

the writ petition are deemed not to have been admitted by the respondents.

With the aforesaid observation, the revision petition is disposed of.

Urgent photostat certified copy of this order, if applied for, shall be given to

the parties, as expeditiously as possible on compliance of all necessary

formalities.

( Joymalya Bagchi, J.)

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