An abla nAri, embodiment of low, epitome of culture, bearer of values, a.k.a. Indian wife files a S498A/323/354/406 IPC & S 3/4 DP act cocktail on multiple accused in husband’s family on 14th Feb 2016 … They all run around courts and get anticipatory bail ! Now wife is crying of POLICE inaction because she can’t see husband behind …… ! She goes crying to HC. Hon Calcutta HC tells her to go ….p !!
W. P. 3625 ( W) of 2016
Calcutta High Court (Appellete Side)
Nilanjan Rudra Vs. The State of West Bengal & Ors.
Mr. Aniruddha Sarkar Mr. Goutam Dey Mr. Soumyojyoti Nandy Ms. Tandra Dutta …….For the petitioner
Mr. Sanatan Panja …….For the State
The allegation of ‘police inaction’ levelled by the petitioner is countered by the Officer-in-Charge, Dum Dum Police Station by furnishing instructions to Panja, learned advocate for the State.
It appears from the instructions placed before this Bench that on the petitioner’s complaint, Dum Dum PS F.I.R. No. 130/16 dated 14th February, 2016 under Sections 498A/323/354/406, Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act has been registered; four witnesses have been examined and a notice under Section 91 of the Code of Criminal Procedure has been issued to the petitioner to contact ASI Shib Sankar Banerjee of the said police station, the investigating officer in this case, for recovery of stridhan articles. It also appears that notices under Section 41A of the Code of Criminal Procedure were issued to the accused persons for their appearance before the investigating officer on 14th February, 2016; however, fearing arrest the accused approached the Additional Chief Judicial Magistrate, Barrackpore prayer for bail and have since been enlarged on bail.
In view of the above, the allegation of ‘police inaction’ is not well substantiated. The petitioner shall be at liberty to contact ASI Shib Sankar Banerjee for the purpose of recovery of stridhan articles. The said investigating officer shall proceed to conduct and complete investigation in accordance with law and file appropriate police report under Section 173(2) of the Code of Criminal Procedure before the relevant magistrate at an early date. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; https://twitter.com/ATMwithDick
The writ petition stands disposed of, without costs. Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible.
( Dipankar Datta, J. )
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