Calcutta High Court (Appellete Side)
In Re: Rabiul Gazi vs The State Of West Bengal & Ors on 6 August, 2018
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
06.08.2018
Item No.12
Court No.15
Avijit Mitra
W.P. No. 11929 (W) of 2018
In re: Rabiul Gazi
- Versus -
The State of West Bengal & Ors.
Mr. Debajyoti Deb,
Mr. Sanjoy Kumar Das
For the Petitioner
Ms. Subhra Nag
For the State Respondents
Mr. Tapas Mukhopadhyay, Mr. Ratan Das, Mr. Asoke Sengupta For the Respondent no. 4 Affidavit of service filed by the petitioner be kept on record. Mr. Deb, learned advocate appearing for the petitioner submits that the petitioner was illegally implicated in a kidnapping case on the basis of a complaint lodged by respondent no.4.
He further submits that the daughter of the respondent no.4 is a major and though she is inclined to lead a peaceful married life with the petitioner herein, the respondent no.4 has illegally detained his daughter and is not allowing her to meet with the petitioner. A complaint to that effect was lodged before the respondent no.4 but the same has not been attended to. Aggrieved thereby, the petitioner has approached this Court.
The petitioner's allegation that the daughter of the respondent no.4 has been illegally detained in her parental house has been categorically denied by the respondent no.4. On the contrary, he submits that the petitioner kidnapped his daughter and on the 2 basis of a complaint lodged by the respondent no.4 a criminal case has already been registered.
The grievance of the petitioner is that the complaint lodged by the petitioner before the respondent no.3 on 13th June, 2018 has not been considered and appropriate steps have not been taken by the police authorities. For redressal of such grievance the petitioner ought to have availed the remedies as provided under the Code of Criminal Procedure instead of preferring the present writ petition.
Accordingly, the writ petition is disposed of with liberty to the petitioner to assert his right before the appropriate forum.
There shall, however, be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Tapabrata Chakraborty, J.)