W.P No. 8354(W) of 2018
– Versus –
State of West Bengal Ors.
Mr. Debajyoti Deb,
Mr. Sanjoy Kumar Das
… For the petitioner
Mr. Bellal Shaikh
… For the State
The present writ petition has been preferred, inter alia, praying for
issuance of necessary direction upon the respondents to take prompt steps and
conduct search and seizure in order to recover the stridhan property of the
petitioner and arrest and/or take all coercive steps against the private
Mr. Deb, learned advocate appearing for the petitioner submits that though
the petitioner’s complaint has been treated as F.I.R and Santiniketan Police State
Case No.25/18 dated 25th March, 2018 under Section 498A/377 of the Indian
Penal Code and Section 3 and 4 of the Dowry Prohibition Act was registered,
proper investigation has not been conducted by the police authorities.
Records reveal that by an earlier order dated 29th June, 2018, the
respondent no.3 was directed to file a report as regards the progress of
investigation in the said criminal case.
Mr. Shaikh, learned advocate appearing for the State respondents submits
that immediately after registration of the criminal case, several attempts were
made by the Investigating Officer to seize the stridhan property from the house of
the accused persons but nothing could be found. Thereafter a team of police
personnel of Santiniketan Police Station headed by the Investigating Officer
proceeded to Mumbai and conducted raid at Flat No.57, Room No.01, Tilaknagar,
Chibur West, Mumbai and at the surrounding places with the help of police
personnel of Tilaknagar Police Station but the prime accused being the
respondent no.4 could not be arrested and he is still absconding. However, on
13th September, 2018, the private respondent no.6 was arrested and further
steps are being taken for conclusion of the investigation at an early date. Let the
written instruction, as produced, be kept on record.
In view of such submission, the writ petition is disposed of with a direction
upon the Investigating Agency to conduct investigation in Santiniketan Police
State Case No.25/18 dated 25th March, 2018 in a fair and impartial manner and
conclude the same at an early date.
There shall, however, be no order as to costs.
Urgent photostat certified copy of this order be supplied to the parties on
compliance of all formalities.
(Tapabrata Chakraborty, J.)