Before the High Court of West

Bengal at Jalpaiguri

Constitutional Writ Jurisdiction

Appellate Side

W.P. Cr. No.

of 2021

In the matter of:

An application
under Article
226 of the
Constitution of
India;

-AND-
2

In the matter of:

Firdousi Alam,
daughter of Abul
Kalam Azad and
sister of Samsul
Alam, aged
about 26 years,
by faith Muslim,
of village
Madhya
Saptibari,
Saptibari Police
Station,
Maynaguri,
District
3

Jalpaiguri, West
Bengal 735224;

...Petitio
ner

Versus

1. State of West
Bengal, service
through the
Ministry of
Home Affairs,
having its office
at Nabanna,
325, Sarat
Chatterjee
Road, P.S.
4

Shibpur,
Howrah-711
102;

2. The Chief
Secretary,
Government of
West Bengal,
having his
Office at
Nabanna, 325
Sarat
Chatterjee
Road, P.S.
Shibpur,
5

Howrah- 711
102;

3. The Director
General and
Inspector
General of
Police, West
Bengal, West
Bengal Police
Directorate,

Bhabani
Bhawan
1st Floor,
6

Alipore,
Kolkata,
West
Bengal
700027.
4. The
Commissioner
of Police, having
his Office at
Collectorate Building,
Office of the District

Magistrate, Jalpaiguri;
7

5. The Deputy
Commissioner
of Police
(SouthEast
Division),
Kolkata Police,
Park Court,
having its office
at 2, Syed Amir
Ali Avenue,
Kolkata-
700020;

6. The Officer in
Charge, Maynaguri
Police Station, having its
8

office at Puraton Bazar;

Maynaguri; West Bengal

735224; ;

7. The Inspector-
in-Charge, Police
Station, having its office

at Puraton Bazar;
Maynaguri; West Bengal
735224

8. Jiyaul Haque,
son of X;
9. X, son of Y;
10. Z, wife of X,;
Respondent
nos. 8 to 10, all
residing at Flat
XXX, Police
 9

Station-............
........., West
Bengal;

...Respo
ndents

To
The Hon’ble Thottathil B.
Radhakrishnan, Chief Justice And
His Companion Justices of the said
Hon’ble Court.
The humble
petition of the
petitioner
above named
 10

Most Respectfully Sheweth:

1. The petitioner is a law abiding

citizen of India, presently
residing at the address
mentioned in the cause title
hereinabove.

2. Your Petitioner states that

the petitioner got married to Sri
Jiyaul Haque (hereinafter
referred to as the Respondent
No. 8) as per the Muslim rites
and customs on 02.06.2016 and
the said marriage was a
negotiated one.
 11

3. Your Petitioner states that at

the time of the said marriage,
gold ornaments, money, almirah
and other articles were given as
per the demand of the accused
persons.
4. Your Petitioner states that as
ill luck would have it and to her
utter shock and astonishment,
right after 2 years of the
marriage, the same proved to be
a nightmare of sorts and all the
representations and pursuations
on the part of the private
respondents and their associates
 12

so as to induce and/or convince

her to the marriage proved to be
false and fraudulent one and the
rosy pictures attempted to be
painted by the private
respondents crumbled like a
pack of cards.
5. Your Petitioner states that
the mental and physical torture
inflicted upon her at her
matrimonial home by the
Respondent nos. 8 to 10,
accentuated day by day, but the
petitioner, being a traditional
Indian wife, having deep faith in
 13

Indian culture, ethos and

traditions decided to adjust and
to continue to bear the brunt
just in the hope of brighter days
ahead.
6. Your Petitioner states that
just contrary to her
expectations, the extent of
physical and mental torture
inflicted upon her increased with
every passing day and it was
apparent that the Respondent
No. 8 was married to the
petitioner solely aimed at
appropriating dowry illegally.
 14

7. Your Petitioner states that on

16.06.2022 at around 7.34
hours, she protested to their
demand of dowry in hope that
the physical and mental torture
will come to an end.
8. Your Petitioner states that
the Respondent No. 8 to10
poured kerosene oil on her body
and immolate her in their house
and she was taken to the
Jalpaiguri Super Speciality
Hospital in critical condition.
9. Your Petitioner states that
being informed about the said
 15

incident over telephone by the

neighbours, he rushed to the
Hospital wherefrom he got to
know about the said incident
from her. Her health deteriorated
and then she was taken to
Deasun Hospital, Siliguri where
she died at around 4-5 hours.
10. Your petitioner states that on
the basis of a purported written
complaint lodged by the
petitioner, a specific criminal
case being Police Station, having its office at

Puraton Bazar; Maynaguri; West Bengal 735224, Case

No. 8 of 2022 dated 22-06-2022
 16

under Sections 498A/304B/34

of the Indian Penal Code read
with sections 3/4 of the Dowry
Prohibition Act was registered
for investigation against the
Respondent Nos. 8 to 10.
A copy of the First
information Report
in the instant case
is annexed hereto
and marked with the
letter “P/1”.
11. Your Petitioner states that
the Respondent nos. 8 to 10
thereafter voluntarily
 17

surrendered before the Learned

Chief Judicial Magistrate,
Alipore, Collectorate Building, Office of the

District Magistrate, Jalpaiguri, in

connection with the above case
and the Learned Magistrate, vide
an order passed on the self same
date, illegally and without
application of judicial mind and
without adverting to the merits
of the case and by a complete
non speaking order granted
interim bail to the Respondent
nos. 8 to 10.
 18

12. Your petitioner

states that being
emboldened by the
grant of interim bail
by the Learned Chief
Judicial Magistrate,
Collectorate Building, Office of
the District Magistrate,

Jalpaiguri, the
Respondent nos. 8
to 10 through their
cohorts have been
threatening the
petitioner to
withdraw the
criminal case
 19

against them.
Despite several
written complaints
being lodged with
the police
authorities, no
action has been
taken yet against
the Respondent nos.
8 to 10.
Copies of the written
complaints lodged
by the petitioner
alleging the
incidents of threat
 20

before the Officer-in-

Charge, Saptibari
Police Station and
before the Inspector-
in-Charge, Saptibari
Police Station are
annexed herewith
and is marked by
the letter “P/2”
collectively.

13. Your Petitioner states that he

has whole heartedly cooperated
with the investigation in the
instant case and has complied
 21

with the notice under section 91

of the Code of Criminal
Procedure and handed over the
documents and/or articles lying
in his possession.

14. Your Petitioner states that

the accused private respondents
have not cooperated with the
investigation in the instant case
in any manner whatsoever.

15. Your Petitioner states that

what is even more intriguing is
the complete recalcitrance and
indifference exhibited by the
police authorities, being the
 22

Respondent Nos. 4 to
7(particularly the respondent no.
6), that inspite of registration of
the First Information Report in
the instant case, the police
authorities have not taken any
steps either to arrest the
accused private respondents.

16. Your Petitioner states that

what is even more surprising is
the fact that although the First
Information Report in the
instant case was lodged way
back on 22.06.2022, but the
investigating officer in the
 23

instant case completely sat tight

over the written complaint of the
petitioner and instead of
carrying effective has actually
facilitated the private
respondents in getting interim
bail from the court of law.

17. Your petitioner states that

the investigating officer in the
instant case has taken no steps
whatsoever, leave alone any
effective steps to recover the said
stridhan articles.

18. Your Petitioner states that on

12.07.2022, he was constrained
 24

to prefer a representation
addressed to The Commissioner
of Police, The Deputy
Commissioner of Police (South
East Division), Kolkata Police
and to the Officer in Charge,
SaptibariPolice Station
(Respondent Nis. 4 to 6) inter
alia ventilating grievances due to
the inertia exhibited by the
police, along with a fervent
prayer for taking action,
however, such representation
seems to have fallen into deaf
ears.
 25

A copy of the said

representation
dated 12.07.2022
addressed to the
police authorities
is enclosed
herewith and is
marked by the
letter “P/3”
collectively.

19. Your Petitioners state that he

had preferred two more
representations dated
28.07.2022 and 25.08.2022
addressed to the Officer in
 26

Charge, Saptibari Police Station

(Respondent No. 6) and to the
Deputy Commissioner of Police
(South East Division) Kolkata
Police (Respondent No. 5)
respectively inter alia praying for
same, but, yet again the
respondent police authorities
chose to maintain angelic silence
and thereby making their
complicity with the Private
Respondents crystal clear.

Copies of the said

representations
dated 28.07.2022
 27

and 25.08.2022
are annexed
herewith and is
marked by the
letter “P/4”
collectively.

20. Your Petitioners state that

the Investigating Officer of the
instant case slipped into a state
of total inertia by completely
turning a blind eye to the
solemn directions of the Learned
Magistrate vide the impugned
orders .
 28

21. Your Petitioner states that

what was even more baffling was
the fact that the Investigating
Officer of the instant case
instead of taking any positive
steps as directed by the Learned
Magistrate, started threatening
the petitioner stating that the
accused persons were extremely
powerful people and he further
threatened the petitioner and
her father of the possible
humiliation that they could face
in course of further action.
29

22. Your
Petitioner states
that from the
conduct of the
investigating
officer of the
instant case it
was amply clear
that he was
acting hand in
glove with the
Private
Respondents and
that there was
practically no
30

hope of any
positive steps
being taken on
his part in terms
of the solemn
orders passed by
the Learned
Magistrate and
having no other
alternative in
sight, the
petitioner wrote a
letter dated
10.09.2022
addressed to the
31

Deputy
Commissioner of
Police, South
East Division,
Kolkata Police
narrating the
entire event and
expressing his
apprehensions.
A copy of the
letter dated
10.09.2022
addressed to the
Deputy
Commissioner of
 32

Police, South
East Division,
Kolkata Police is
annexed hereto
and is marked by
the letter “P/6”.

23. The petitioner submits that

under such circumstances, and
given the past conduct of the
respondent authorities to render
relief to the petitioner herein
despite multiple such
endeavours, any further
representation to the aforesaid
respondent
 33

24. The petitioner submits that in

terms of the provision
enumerated in the Police Act,
1861 it is the duty of every
police officer to prevent the
commission of offences and to
ensure the rule of law.

25. The petitioner further

submits that it is the mandate of
the Constitution of India to
secure to all its citizens justice,
social, economic and political
and the respondent authorities
by their acts and actions and/or
inactions as impugned herein
 34

are intentionally causing a total

dereliction of the basic structure
of the Constitution of India.

26. The petitioner submits that

the respondent police authority,
having regard to the provisions
laid down in the Police Act, 1861
ought to depute Police Officers /
Police force for the purpose of
ensuring that there is
preservation of the dignity and
majesty of the rule of Law.

27. The petitioner submits that

the respondent police authority
is refraining from acting in terms
 35

of the provisions as enumerated

in the Police Act, 1861 which
has occasioned in grave failure
of justice and is entailing to the
petitioner utter and prejudice.

28. The petitioner submits that

the inaction on the part of the
respondent police authority is
nothing but reprehensible and in
the present facts and
circumstances of the instant
case is per se illegal, arbitrary
and baseless.

29. The petitioner submits that

respondent police authority by
 36

their deceptive silence are in

effect tacitly permitting the
offenders to breach the law of
the land as such by doing so
they have failed to exercise
jurisdiction which they ought to
have exercised.

30. The petitioner states that the

inaction of the respondents as
impugned herein have grossly
violated the petitioner’s rights,
as protected under the
Constitution of India.

31. Being highly aggrieved by and

thoroughly dissatisfied by the
 37

impugned acts and/or actions

and/or inactions of the
respondents herein, the
petitioner begs to prefer the
instant application, inter alia, on
the following:

GROUNDS

I. FOR THAT the inaction on

the part of the respondent
authorities concerned has
resulted in gross violation of
the fundamental rights and
other allied constitutional
rights of the petitioner.
 38

II. FOR THAT as no step has

been taken from the very
inception of being informed
about such atrocities being
perpetrated to the petitioner,
it can be clearly inferred that
the respondent authorities
concerned have miserably
failed to exercise the
jurisdiction so vested in them
in accordance with law;

III. FOR THAT the respondent

authorities concerned have
remained inactive in
 39

conducting effective
investigation into the case
and have failed to take any
steps in pursuance of the
various representations
submitted by the petitioner in
the instant writ petition
and/or make any endeavour
to give punishment to
accused.
IV. FOR THAT the respondent
authorities concerned are
trying to shield the persons
responsible and are acting
hands in glove with them;
 40

V. FOR THAT in spite of several

representations being made
by the petitioner, nothing was
done by the respondent police
authorities concerned and, as
such, there is no hope left for
the petitioner to be able to get
justice.

VI. FOR THAT, despite informing

the respondent police
authorities on multiple
occassions about the non
recovery of the stridhan
 41

articles, the respondent

police authorities chose not
to act on the same. However,
the severe inaction on the
part of the respondent
authorities has not only
emboldened the
aforementioned persons to
constantly harass, threaten
and abuse the petitioner
herein, but also has
encouraged them to
misappropriate the entire
valuables of the petitioner
lying in their custody.
 42

VII. FOR THAT being unable to

get any form of justice and
being directly affected by the
culpable inaction on the part
of the respondent police
authority concerned, who in
their silence and inaction are
actually abetting and aiding
the persons concerned, the
petitioner have been
compelled to approach this
Hon’ble Court under Article
226 of the Constitution of
India;
 43

VIII. FOR THAT the culpable

inaction on the part of the
respondent authorities has
resulted in gross violation of
all recognized fundamental
rights of the petitioner herein;

IX. FOR THAT the severe

inaction on the part of the
respondent authorities have
emboldened the
aforementioned persons to
constantly harass, threaten
and abuse the petitioner
herein, due to which the
 44

petitioner are living under a

grave threat to their lives.

X. FOR THAT any further

representation to the
aforesaid respondent
authorities would be
completely futile and amount
to an empty formality on the
part of the petitioner herein.

XI. FOR THAT unless and until

this Hon’ble Court interferes
with the facts and
circumstances of the instant
case, the private respondents
 45

will continue to abuse the

process of law and the
petitioner will be denied
justice;

XII. FOR THAT there is a

possibility of the stridhan
articles being
misappropriated by the
Private Respondents;

XIII. FOR THAT the culpable

action/ inaction on the part
of the respondent police
authorities concerned are
 46

arbitrary, illegal, improper,

unreasonable and
discriminatory in nature and
are also violative of Article 14
of the Constitution of India;

XIV. FOR THAT when the police

authorities concerned have
failed to take any such step,
the statutory mandates the
efficacious investigation
stands breached and police
authorities concerned, being
creatures of statute, are
bound to act in terms of the
 47

statute and not in

subjugation thereof;

XV. FOR THAT until and unless

this Hon’ble Court by way of
judicial review corrects the
inaction and/ or non – action
on the part of the respondent
police authorities concerned
by specifically directing the
said authorities to
immediately take necessary
steps in order to ensure
recovery and the return of the
stridhan articles belonging to
 48

the petitioner, the

fundamental rights
recognized and guaranteed to
the petitioner under Articles
14 and 21 of the Constitution
of India will continue to be
violated;

32. The records pertaining to the

instant case are lying at the
office of the respondent no. 6,
within the Appellate Side
jurisdiction of this Hon’ble
Court.

33. There is no other alternative,

efficacious and speedy remedy
 49

available to the petitioner herein

and the reliefs sought for, if
granted, would afford adequate
justice to the petitioner.

34. The petitioner has not moved

this Hon’ble Court on the self-
same cause of action.

35. This application is bona - fide

and made in the interest of
justice and the petitioner is not
guilty of any wilful delay and /
or laches.

The petitioner
therefore
humbly prays
50

before Your
Lordships that:-

a) A writ of
and/or in the
nature of
Mandamus
commanding
respondent
authorities,
more
particularly the
Respondent
Nos. 4, 5 and 6,
to immediately
arrest the
51

Private
Respondents
(particularly the
Respondent
Nos. 8 to 10);
b) A writ of and/
or in the nature
of Mandamus
commanding
respondent
authorities,
more
particularly the
Respondent
Nos. 6, to
52

immediately
take
appropriate
steps for
punishing
Respondent 8 to
10;
c) A Writ and/ or
in the nature of
Mandamus do
issue,
commanding
the respondents
authorities,
more
53

particularly the
respondent no.
6, to prevent
the private
respondents
from disposing
of the valuable
stridhan
articles
belonging to the
petitioner;
d) A writ of and/
or in the nature
of Mandamus
commanding
54

the Respondent
authorities to
take necessary
steps upon due
consideration of
the various
representations
particularly
those that have
been submitted
by the
petitioner before
the police
authorities.
55

e) A writ in the
Certiorari to
issue calling
upon the
respondent Nos.
3 to 6 to certify
and transmit
the record of
the instant case
of this Hon’ble
Court so that
conscionable
Justice may be
done by passing
proper order;
56

f) Rule NISI in
terms of the
prayer (a) and
(b) and (c) and
(d) as above;

g) Pass an
interim order in
terms of prayers
(a), (b) and (c)
as above;

h) Ad interim
order in terms
57

of prayera (a),
(b), (c) above;

i) Pass any order

as to costs;

j) Pass such other

order and\or
orders,
direction and\
or directions as
Your Lordships
may deem fit
and proper in
the interest of
 58

justice, equity
and good
conscience;

And Your petitioner, as in

duty bound, shall ever pray.
AFFIDAVIT
I, Samsul Alam, Son of Abul Kalam
Azad, aged about Muslim, by
occupation- 41 years, by faith - Of
Village - Madhya Saptibari,
Saptibari, Police Station -
Maynaguri, District - Jalpaiguri, Pin
Code - 735224, do hereby solemnly
affirm and state as follows:-
 59

1. That I am the father of the

petitioner in the instant case and I
am well acquainted with the facts
and circumstances of the present
case and I am competent and duly
authorized by the petitioner to
swear and affirm this affidavit on
her behalf before this Hon'ble
Court.
2. That the statements made in
paragraphs to and are true
to my knowledge, those made in
paragraphs and are matters of
record and the rest are my humble
 60

submissions before this Hon’ble

Court.

Prepared in my Office

Advocate The deponent

is known to me

Clerk to:
Mr.
……………………….
Advocate
Solemnly affirmed before me
on this the day of
April, 2021.
Commissioner
 61

It is certified that all annexures are

legible

Advocate

District: Jalpaiguri

In the High Court at West Bengal

Con

stitutional Writ Jurisdiction

Appellate Side

W.P.Cr. No.

(W) of 2021
62

In the matter of:

An application

under Article 226

of the

Constitution of

India;

-And-

In the matter of:

PalakAgarwal.

…..Petitioner

-Vs-
 63

The State of West

Bengal & ors.

……

Respondents

Writ
P e t i t i on

...........................
..........................
Advocate