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2025 DAILYLAW 10079 (CAL)

AMINA PARVIN v. THE STATE OF WEST BENGAL AND ORS.

WPA/3423/2025 · 2025-02-24

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L 88 24.02.2025 Kausik ct.no.35 W.P.A. 3423 of 2025 Amina Parvin Versus The State of West Bengal & Ors. Mr. Amitabha Ghosh Ms. Nabanita Chatterjee Ms. Arpita Dhar …for the petitioner. Mr. Swapan Banerjee, AGP Mr. Tarak Karan …for the state. Petitioner is aggrieved by the manner in which Duttapukur PS Case No. 22/2025 dated 06.01.2025 has been progressing. According to the learned advocate no efforts have been made by the investigating officer for recovery of the streedhan articles and in spite of complaining to the police authorities repeatedly, no steps have been taken. Learned advocate for the petitioner further submits that relevant provisions of section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 have not been incorporated in spite of directions passed by the Hon’ble Apex Court. State has submitted a report. Report reflects that the injury reports have been collected from the petitioner who happens to be the defacto-complainant of the case. However, the petitioner could not produce 2 any documents in support of her claim for the jewelleries. There may be cases where there may not be documents. However, the police authorities will assess the correctness of the accusations as to whether there were any jewelleries in the form of streedhan property which was given at the time of marriage or she has taken away at any point of time earlier. The police authorities have also issued notices under section 94 of the BNSS and in course of investigation raided the house of the FIR named accused persons. Having considered the steps so taken and still the grievance of the petitioner persists, I am of the view that petitioner will furnish a fresh representation on the point of grievance with the Investigating Officer and a copy of the same addressed to the Officer-in-charge/Inspector-in- charge of Duttapukur Police Station. Police authorities would take into account the grievance while progressing with the investigation of the case. In case there are necessities for cooperation, petitioner would also cooperate with the investigating agency. With the aforesaid observations WPA 3423 of 2025 is disposed of. 3 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.)