Calcutta High Court (Appellete Side)
Ritwika Koley (Nee Paul) vs The State Of West Bengal & Ors on 10 September, 2025
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
10.09.2025 W.P.A. 19599 of 2025
Item No.22
Ct. No.35
dc.
Ritwika Koley (Nee Paul)
versus
The State of West Bengal & Ors.
Mr. Debottam Das ... For the Petitioner.
Mr. Sayan Datta,
Mr. Ashish Dutta ... For the State.
Mr. Sudip Kumar Dutta,
Mr. Suman Kumar Mukherjee,
Ms. Sritama Dutta ... For the Respondent Nos.5, 6 & 7.
Affidavit-of-service filed in Court today be kept with the record.
Report submitted by the learned advocate appearing for the State be also kept with the record.
Petitioner is aggrieved by the inaction of the police authorities in connection with Nandigram P.S. Case No. 345 of 2025 dated 01.06.2025. The genesis of the said case was on the basis of a complaint registered with Govandi (East) Police Station, Govandi, Mumbai wherein a Zero FIR was drawn and the same was transmitted for investigation to Nandigram Police Station. Petitioner has claimed that till date, search and seizure have not yet been completed and the investigation has not progressed.
Police report reflects that notices have been issued under Section 35(3) of BNSS upon the private respondent nos. 5, 6 and 7 via e-mail through Govandi (East) Police Station. Till date, Nandigram Police Station did not receive any report 2 in respect of the service being effected by the local police station of Maharashtra.
Learned advocate appearing for the private respondent nos. 5, 6 and 7 submits that the petitioner has taken away all the streedhan articles.
Learned advocate appearing for the petitioner disputes and denies the same and submits that the police authorities are reluctant to investigate the case and even corroborating statements have not been recorded.
Be that as it may, since the investigation of the case is in progress and there are accusations under Section 85 of BNS as well as Sections 3/4 Dowry Prohibition Act, the concerned police authorities would exercise their powers, if required appropriate application may be advanced before the learned jurisdictional Magistrate for necessary permission.
The investigation has commenced on June 2025. More than ninety days have passed. Accordingly, progress of the investigation be informed to the de facto complainant. In case progress of the investigation is dissatisfactory, petitioner would approach the jurisdictional Magistrate for necessary directions canvassing all the issues relating to dissatisfaction. Learned Magistrate would, as he deems fit and proper, pass necessary directions.
3
With the aforesaid observations, the writ petition being WPA 19599 of 2025 is disposed of.
There will be no order as to costs.
All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)