Payel Biswas vs State Of West Bengal & Ors

Debangsu Basak, J

Learned advocate for the petitioner submits that, the police are not investigating into a complaint appropriately. Stridhan articles have not been recovered. Police are not making any attempt to recover the same. The private respondent is not paying any maintenance.

State and the private respondents are represented.

Learned advocate for the State submits that, the petitioner is not cooperating with the investigation despite notices.

Learned advocate for the private respondent submits that, the private respondent voluntarily tendered a sum of Rs.3,000/- as maintenance, which the petitioner refused to accept.

Learned advocate for the petitioner submits that, the police informed the petitioner only yesterday that they want to make an attempt to recover the stridhan articles.

In my view, interest of justice would be sub-served by requiring the police to undertake an attempt to recover the stridhan articles from the private respondent. The police will permit the petitioner to accompany the police on such date. Notice of the attempt to be made by the police be served on the learned advocate on record of the petitioner which will constitute appropriate notice on the petitioner for such purpose.

Learned advocate-on-record of the petitioner will inform the learned advocate on record of the private respondent about the bank details of the petitioner. The private respondent will deposit a sum of Rs.3,000/- per month commencing from the month of September, 2019 as maintenance, in such awards. The deposit for the month of September, 2019 is to be made within seven days from the date of furnishing of the bank details. Subsequent deposits are to be made by the private respondent in such bank account within the 10th of every month.

The quantum of Rs.3,000/- as maintenance is tentative. Appropriate authority in seisin of a proceeding for fixing the quantum of maintenance is at liberty to vary, alter or modify the quantum fixed by this order.

List the writ petition in the Monthly List of December, 2019 when the police will submit a report as to the progress of the investigation. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.