7 13.06.2018 WP 5387(W) of 2017
AN Ct. No. 14
Mr. Soumik Ganguly
Mr. Jisan Ahmed
… for the Petitioner
Ms. Chama Mookherji
Ms. Paramita Pal
… for the State
The writ petitioner has lodged a complaint inter alia
against her estranged husband under Section 498A/406/494/307 of
Indian Penal Code and Section 4 of D.P. Act.
The Police authorities are stated to be investigating the
matter. A report was submitted on 10.08.2017 to which the writ
petitioner has not taken exception. Leave is granted to take such
exception within the next 15 days.
It is further submitted that the principal accused, the
estranged husband is absconding. The writ petitioner further alleges
that he has been allowed to abscond by the Police Authorities.
The State submits that the writ petitioner has not taken
back possession of her stri-dhan properties. The petitioner expresses
fear in doing so.
In those circumstances, the petitioner shall forthwith take
back possession of her stri-dhan properties lying in the custody of the
accused, some of whom are stated to be enlarged on bail. Slow pace
of the investigation by the Police Authority is not well received by the
The Officer-in-Charge, Lake Town Police Station is
directed to forthwith take all urgent and necessary steps to
apprehend the accused husband.
The State further submits that they have moved an
application before the Magistrate concerned, to enforce the
attendance of the absconder, by seeking proclamation and
It is reasonably expected that the learned court below
shall take expeditious steps to dispose of such application whereupon
the Police shall take all steps to apprehend the accused. In default
whereof the trial shall proceed in his absence.
W.P. 5387(W) of 2017 is hereby disposed of.
There shall 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 formalities.
(Rajasekhar Mantha, J.)