W.P.9307 (W) of 2017
Rupchand Roy Ors.
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
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
( Joymalya Bagchi, J.)