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Judgments of Supreme Court of India and High Courts

Sudipta Barman vs State & Ors on 13 June, 2018

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7 13.06.2018 WP 5387(W) of 2017
AN Ct. No. 14

Sudipta Barman

-vs.-

State ors.

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

court.

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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

attachment.

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.)

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