Calcutta High Court (Appellete Side)
Avishek Ghosh vs The State Of West Bengal & Ors on 2 April, 2025
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
D/L 11
02.04.2025
Kausik
ct.no.35
W.P.A. 6031 of 2025
Avishek Ghosh
Versus
The State of West Bengal & Ors.
Mr. Soujanya Bandyopadhyay
...for the petitioner.
Mr. Somnath Ganguli, AGP
Ms. Sangeeta Roy
...for the state.
Affidavit of service filed be kept with the
record.
Petitioner is aggrieved by the fact that in
spite of his wife having taken away the child as also
cash and other expensive items including ornaments
to the tune of Rs. 2.5 lakhs and the same even after
being reported to the police station, only a case has
been registered being Basirhat PS Case No.
08/2025, but there has been no progress in the said
case and proper investigation is not being carried
out.
Report submitted by the State be kept with
the record. Report also reflects that the wife of the
petitioner lodged an information pursuant to which
Basirhat PS Case No. 166/2025 dated 27.02.2025
has been registered for investigation in respect of
many sections including Section 85 of the BNS.
2
Having considered that a matrimonial
dispute is already in existence, police authorities
would consider the overall scenario in respect of the
matrimonial dispute and difference and thereafter
progress with both the cases concerned.
In view of the cases pending inter se
between the parties being Basirhat PS Case No.
08/2025 dated 04.01.2025 (initiated at the instance
of the husband/petitioner) and Basirhat PS Case No.
166/2025 dated 27.02.2025 (initiated at the
instance of the wife/respondent no. 7) the Inspector-
in-charge, Basirhat Police Station is directed that both the cases must be investigated by one and same police personnel concerned.
With the aforesaid observations WPA 6031 of 2025 is disposed of.
Report so submitted be kept with the record.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)