1 23.03.2017 622. as W.P.6729 (W) of 2017 Smt. Priyanka Chakraborty (Dev) Versus The State of West Bengal Ors. Mr. Partha Pratim Kanjilal, Mr. Anubhov Kanjilal. ...for the Petitioner. Mr. Sakya Sen, Mr. Bellal Shaikh. ...for the State. It is submitted on behalf of the petitioner that the private respondent has
subjected her mental and physical torture arising out of a matrimonial dispute
and accordingly she has lodged complaints with the police station resulting in
registration of Barrackpore Women Police Station Case No.14 of 2014 dated
11.10.2014 under Sections 498A/406 of the Indian Penal Code. Effective
investigation was not carried out in the said proceeding and she is being
disturbed by the private respondents. In order to cover their misdeeds, the
private respondents have lodged a false case being Naihati Police Station Case
No.104 dated 18.2.2017 under Sections
323/325/342/352/357/380/384/386/448/451/452/506/34 of the Indian
Penal Code and Sections 25/27 of the Arms Act against her.
Report is filed on behalf of the police authorities wherefrom it appears that
steps have been taken on the basis of the complaints lodged by both the parties.
The said report be kept with the record. Copy of the said report be handed over
to the learned Advocate appearing for the petitioner.
In view of the controversy as depicted above, it is open to the petitioner to
participate in Barrackpore Women Police Station Case No.14 of 2014 dated
11.10.2014 as a victim of the crime and ventilate her grievances therein in
accordance with law. She is also at liberty to appear in the criminal case
registered against her and raise all just defences in accordance with law.
However, in view of the pendency of the proceedings before the criminal
court, I am of the opinion that entertaining of the writ petition over the
matrimonial dispute of the parties is unwarranted.
With the aforesaid observation, the writ petition is disposed of.
Since no affidavit-in-opposition has been called for, the allegations made in
the writ application deemed not to have been admitted by the respondents.
There will be no order as to costs.
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.)