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Judgments of Supreme Court of India and High Courts

Swarnali Banerjee vs State Of West Bengal & Ors on 18 September, 2018


Item No.351

W.P No. 8354(W) of 2018

Swarnali Banerjee
– 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.)

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