498a wife cries of police inaction when husband & family get AB ! Cal HC tells her to go …p !!

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 !!

==============================

11.03.2016

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. )

 
*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.


CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting


Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s