Calcutta High Court (Appellete Side)
Subhalina Ghorai vs Unknown on 5 July, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1
W.P. 17117(W) of 2017
663 05.07.2017 In the matter of : Subhalina Ghorai
SB Ct. No. 28
Mr. Sourav Chatterjee
Mr. A. Singh
Mr. Aniruddha Bhattacharyya
Mr. Ayan Chakraborty
... For the Petitioner
Mr. Dipayan Kundu
......For the Private Respondent No. 5.
Mr. A. Guha ...... For the State Petitioner claims that he is a joint owner of flat with private respondent no. 5. The said flat was jointly purchased by the petitioner & the said private respondent. Subsequently, as the private respondent had fallen out with the petitioner, petitioner is being subjected to threats and / or criminal intimidation by the said private respondent in order to vacate the flat. The private respondents even endangered the life of the petitioner by rash and negligent driving. Over such issue, Madhyamgram Police Station Case No. 119/2017 dated 06.03.2017 under sections 279/338/120B/34 of the Indian Penal Code was registered for investigation. It is also brought to my notice that during the pendency of the writ petition the private respondent no. 5 had uploaded obscene pictures of the petitioner in a social networking site. Although F.I.R. has been registered on such complaint no offence under the Information Technology Act has been added in the said F.I.R.
Copy of the F.I.R. in the subsequent case is placed on record.
Learned counsel for the private respondent submits that there was an amorous relationships between the parties and since they have fallen out series of false criminal cases are being registered against his client.
Learned counsel for the State submits a report 2 wherefrom it appears that prayer has been made to add Section 307 of Indian Penal Code to the F.I.R. in the earlier criminal case being Madhyamgram Police Station Case No. 119/2017 dated 06.03.2017 and other steps are being taken with regard to the investigation of the offences. Report is kept with the record. Copy of the report is handed over to the learned counsel for appearing respective parties.
Under such circumstances, I direct the investigating agency to submit report as to progress of investigation in Madhyamgram Police Station Case No. 119/2017 dated 06.03.2017 as well as Bindhannagar P.S. Case No. 29/17 dated 27.03.2017 under sections 354D/500/507/509 of Indian Penal Code on the next date of hearing.
Let this matter appear under the heading 'Motion' four weeks hence.
(Joymalya Bagchi, J.)