Calcutta High Court (Appellete Side)
Alisha Begum vs The State Of West Bengal And Ors on 27 March, 2023
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
27.03.2023
Court No.13
Item No.25
AP
WPA 1561 of 2023
Alisha Begum
Vs.
The State of West Bengal and Ors.
Mr. Chittapriya Ghosh
Ms. Priyanka Saha
... For the Petitioner.
Ms. Raja Saha
Mr. Prantik Ghorai
... For the State.
Mr. Malay Bhattacharyya
Mr. Anurag Dixit
Mr. Sudipta Sengupta
... For the Private Respondent No.7.
The petitioner is aggrieved that the private respondent/husband, is avoiding orders under section 125 of the CrPC. Warrants of arrest have been issued by the learned Judicial Magistrate at Bankura in four different cases and have been sent for execution by the Officer-in- Charge, Bankura Women Police Station to the Office of the Commissioner of Police, Lucknow, Uttar Pradesh, through the S.P, Bankura.
The private respondent/husband is represented. Counsel for private respondent submits that the warrants of arrest issued by a Court in Bankura is required to be executed through the Magistrate at Lucknow. He also submits that his client has not received notice of the proceedings under section 125 of the CrPC.
This Court is of the view that the procedure of law cannot override the substantive need of the petitioner for 2 maintenance. The private respondent/husband has not a single farthing towards maintenance till date.
In these circumstances, this Court directs the office of the respondent No.6/Senior Superintendent of Police, Lucknow, Uttar Pradesh, to forthwith execute the warrants in question morefully set out hereinbelow as expeditiously as possible and produce the private respondent/husband before the Court below through the Bankura Women's Police:
Sl Case Issuing Date Executin Process for Stat No Refer Court of g officer sending W/A us of ence Issu W/A ed 1 ... ... ... ... ... ...
2 Misc Ld. J.M. 29.10.Police Ld. Court sent the Pen Ex- 3rd Court 2021 Commissio W/A to SP Bankura ding 40/16 Bankura ner, for sending to C.P. u/s Commissio Lakhnow (U.P.) 125(3) narate of which was received Cr.P.C. Lucknow by the office of S.P. (U.P.) Bankura and sent vide his office Memo No- 4971 dated 03.11.2021 to Commissioner of Police, Commissionarate of Lucknow by post with a postage stamp of five rupees.
3 Misc Ld. J.M. 29.10.Police Ld. Court sent the Pen Ex- 3rd Court 2021 Commissio W/A to SP Bankura ding 19/16 Bankura ner, for sending to C.P. u/s Commissio Lakhnow (U.P.) 125(3) narate of which was received Cr.P.C. Lucknow by the office of S.P. (U.P) Bankura and sent vide his office Memo No - 4972 dated-
03.11.2021 to
Commissioner of
Police
Commissionarate of
3
Lucknow by post
with a postage stamp
of five rupees.
4 Misc Ld. J.M. 31.01.Senior Ld. Court sent the Pen
Ex- 3rd Court 2022 Superinten W/A to SP Bankura ding
40/16 Bankura dent of for sending to S.S.P.
u/s Police Lakhnow (U.P.)
125(3) (U.P.) which was received
Cr.P.C. by the office of S.P.
Bankura and sent
vide his office Memo
No - 543 dated -
08.02.2022 to Senior
Superintendent of
Police (U.P.) by post
with a postage stamp
of five rupees.
5 Misc Ld. J.M. 31.01.Senior Ld. Court sent the Pen
Ex- 3rd Court 2022 Superinten W/A to SP Bankura ding
19/16 Bankura dent of for sending to S.S.P.
u/s Police Lakhnow (U.P.)
125(3) (U.P.) which was received
Cr.P.C. by the office of S.P.
Bankura and sent
vide his office Memo
No - 544 dated -
08.02.2022 to Senior
Superintendent of
Police (U.P.) by post
with a postage stamp
of five rupees.
Let a copy of this order be communicated to the respondent No.6/Senior Superintendent of Police, Lucknow, Uttar Pradesh immediately.
With the aforesaid directions, the writ petition is disposed of.
There shall be no order as to costs.
Report in the form of instructions dated 26th March, 2023 filed by the Officer-in-Charge, Bankura Women Police Station is taken on record.
4
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)