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Somnath Bhowmik vs The State Of West Bengal & Ors on 24 April, 2017

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24.04.2017
673.
as

W.P.11742 (W) of 2017
Somnath Bhowmik
Versus
The State of West Bengal Ors.

Mr. Pradip Kumar Roy,
Ms. Shraboni Sarkar.
…for the Petitioner.

Mrs. Chama Mookherjee,
Mrs. Paramita Pal.
…for the State.

Mr. Dipankar Dandapath.
..for the Respondent No.4 to 6.

It is submitted on behalf of the petitioner that he has been thrown out from

his own property and on 27.3.2017 was physically assaulted by the private

respondent Nos. 4 and 6 when he went to enter the said premises.

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

there is a family dispute between the petitioner and the respondent no.4, his wife

and over such issue, criminal cases being Sarsuna P.S. Case No.61 dated

12.6.2015 under Section 379 of the Indian Penal Code and Sarsuna P. S. Case

No.120 dated 23.11.2016 under Sections 498A/34 of the Indian Penal Code and

Sections 3 / 4 of the D. P. Act were started against the petitioner and his

relations. The said report be kept with the record.

In reply, learned Advocate appearing for the petitioner submits that the

matrimonial dispute had been settled but the private respondent has
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subsequently initiated various false cases against him and other family

members.

In view of the nature of controversy and in view of the family dispute

between the petitioner and the respondent no.4/wife. I am of the opinion that it

is open to him to seek redress in the criminal cases pending against him in

accordance with law.

It is also open to the petitioner to initiate appropriate criminal proceeding

against the private respondent nos.4 and 6 with regard to the allegations of

assault, as aforesaid.

With the aforesaid directions, the writ petition is disposed of.

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

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

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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