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16.07.2019

Ct. No.8
S/L No.43
KS
W. P. No.12232 (W) of 2019

Sri Parag Sarkar
Versus
The State of West Bengal Ors.

Mr. Anil Kumar Chattopadhyay
…..For the Petitioner
Mr. Ashis Guha
Mr. Naren Ghosh Dostidar
…..For the State

Petitioner complains of police inaction.

Learned advocate appearing for the petitioner submits that, the police

should take appropriate steps for returning the wife and son of the petitioner to the

petitioner.

Learned advocate appearing for the State submits that, there are matrimonial

disputes between the petitioner and his wife. The wife of the petitioner left for her

parental house sometime in the year 2016. Thereafter, the petitioner and his wife

stayed at Kolkata for some period of time. The matrimonial disputes resurfacing,

the wife left with the child for her parental house again. The complaint was lodged

by the petitioner on December 20, 2018. The accused persons surrendered before

the Court and were released on bail. Such complaint resulted in a charge sheet

dated December 25, 2018. A complaint was lodged against the petitioner on

February 9, 2019 which was investigated into and a charge sheet dated April 25,

2019 was filed under Sections 498A/Section406/Section34 of the Indian Penal Code against the

petitioner and three others. At present, the wife of the petitioner is residing at her

parental house with her three years old male child peacefully.
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In the facts of the present case, since, the wife left the matrimonial house and

is staying at her parental house along with her child voluntarily, no interference is

called for at this stage by the Writ Court.

W. P. No.12232 (W) of 2019 is disposed of.

No order as to costs.

Urgent certified website copies of this order, if applied for, be made available

to the parties upon compliance of the requisite formalities.

(Debangsu Basak, J.)